Chapter 173-303 WAC DANGEROUS WASTE REGULATIONS€¦ · Chapter 173-303 WAC DANGEROUS WASTE REGULATIONS Last Update: 12/18/14 WAC 173-303-010 Purpose. 173-303-016 Identifying solid

Preliminary Draft Rule Text [ 1 ] NOT FOR FILING

Chapter 173-303 WAC

DANGEROUS WASTE REGULATIONS

Last Update: 12/18/14

WAC

173-303-010

Purpose.

173-303-016

Identifying solid waste.

173-303-017

Recycling processes involving solid waste.

173-303-019 Legitimacy criteria for the recycling of materials.

173-303-020

Applicability.

173-303-030

Abbreviations.

173-303-040

Definitions.

173-303-045

References to EPA's hazardous waste and permit regulations.

173-303-050

Department of ecology cleanup authority.

173-303-060

Notification and identification numbers.

173-303-070

Designation of dangerous waste.

173-303-071

Excluded categories of waste.

173-303-072

Procedures and bases for exempting and excluding wastes.

173-303-073

Conditional exclusion of special wastes.

173-303-075

Certification of designation.

173-303-077

Requirements for universal waste.

173-303-080

Dangerous waste lists.

173-303-081

Discarded chemical products.

173-303-082

Dangerous waste sources.

173-303-083

Deletion of certain dangerous waste codes following equipment cleaning and replacement.

173-303-090

Dangerous waste characteristics.

173-303-100

Dangerous waste criteria.

173-303-102

Reserved.

173-303-104

State-specific dangerous waste numbers.

173-303-110

Sampling, testing methods, and analytes.

173-303-120

Recycled, reclaimed, and recovered wastes.

173-303-140

Land disposal restrictions.

173-303-141

Treatment, storage, or disposal of dangerous waste.

173-303-145

Spills and discharges into the environment.

173-303-150

Division, dilution, and accumulation.

173-303-160

Containers.

173-303-161

Overpacked containers (labpacks).

173-303-170

Requirements for generators of dangerous waste.

173-303-180

Manifest.

173-303-190

Preparing dangerous waste for transport.

173-303-200

Accumulating dangerous waste on-site.


173-303-201

Special accumulation standards.

173-303-202

Special requirements for generators of between two hundred twenty and two thousand two

hundred pounds per month that accumulate dangerous waste in tanks.

173-303-210

Generator recordkeeping.

173-303-220

Generator reporting.

173-303-230

Special conditions.

173-303-235

Alternative requirements for eligible academic laboratories.

173-303-240

Requirements for transporters of dangerous waste.

173-303-250

Dangerous waste acceptance, transport, and delivery.

173-303-260

Transporter recordkeeping.

173-303-270

Discharges during transport.

173-303-280

General requirements for dangerous waste management facilities.

173-303-281

Notice of intent.

173-303-282

Siting criteria.

173-303-283

Performance standards.

173-303-290

Required notices.

173-303-300

General waste analysis.

173-303-310

Security.

173-303-320

General inspection.

173-303-330

Personnel training.

173-303-335

Construction quality assurance program.

173-303-340

Preparedness and prevention.

173-303-350

Contingency plan and emergency procedures.

173-303-355

Superfund Amendments and Reauthorization Act Title III coordination.

173-303-360

Emergencies.

173-303-370

Manifest system.

173-303-380

Facility recordkeeping.

173-303-390

Facility reporting.

173-303-395

Other general requirements.

173-303-400

Interim status facility standards.

173-303-500

Recycling requirements for state-only dangerous waste.

173-303-505

Special requirements for recyclable materials used in a manner constituting disposal.

173-303-506

Special requirements for the recycling of spent CFC or HCFC refrigerants.

173-303-510

Special requirements for dangerous wastes burned for energy recovery.

173-303-515

Standards for the management of used oil.

173-303-520

Special requirements for reclaiming spent lead acid battery wastes.

173-303-522

Special requirements for recycling spent antifreeze.

173-303-525

Special requirements for recyclable material utilized for precious metal recovery.

173-303-555 Special requirements for management of dangerous waste pharmaceuticals.

173-303-573

Standards for universal waste management.

173-303-578

Military munitions.

173-303-600

Final facility standards.


173-303-610

Closure and post-closure.

173-303-620

Financial requirements.

173-303-630

Use and management of containers.

173-303-640

Tank systems.

173-303-645

Releases from regulated units.

173-303-646

Corrective action.

173-303-64610

Purpose and applicability.

173-303-64620

Requirements.

173-303-64630

Use of the Model Toxics Control Act.

173-303-64640

Grandfathered corrective action management units (CAMUs).

173-303-64650

Corrective action management unit (CAMU).

173-303-64660

Designation of a corrective action management unit.

173-303-64670

Incorporation of a regulated unit within a CAMU.

173-303-64680

Temporary units (TUs).

173-303-64690

Staging piles.

173-303-646910

Disposal of CAMU-eligible wastes into permitted dangerous waste landfills.

173-303-646920

Disposal of CAMU-eligible wastes into permitted hazardous waste landfills located outside

Washington.

173-303-650

Surface impoundments.

173-303-655

Land treatment.

173-303-660

Waste piles.

173-303-665

Landfills.

173-303-670

Incinerators.

173-303-675

Drip pads.

173-303-680

Miscellaneous units.

173-303-690

Air emission standards for process vents.

173-303-691

Air emission standards for equipment leaks.

173-303-692

Air emission standards for tanks, surface impoundments, and containers.

173-303-693

Dangerous waste munitions and explosives storage.

173-303-695

Containment buildings.

173-303-700

Requirements for the Washington state extremely hazardous waste management facility at

Hanford.

173-303-800

Permit requirements for dangerous waste management facilities.

173-303-801

Types of dangerous waste management facility permits.

173-303-802

Permits by rule.

173-303-803

Permit application requirements.

173-303-804

Emergency permits.

173-303-805

Interim status permits.

173-303-806

Final facility permits.

173-303-807

Trial burns for dangerous waste incinerator final facility permits.

173-303-808

Demonstrations for dangerous waste land treatment final facility permits.

173-303-809

Research, development and demonstration permits.


173-303-810

General permit conditions.

173-303-811

Permits for boilers and industrial furnaces burning hazardous waste.

173-303-815

Facility-specific permit conditions.

173-303-830

Permit changes.

173-303-840

Procedures for decision making.

173-303-841

Integration with maximum achievable control technology (MACT) standards.

173-303-845

Appeal of decision.

173-303-900

Public involvement and participation.

173-303-902

Citizen/proponent negotiations.

173-303-910

Petitions.

173-303-950

Violations and enforcement.

173-303-960

Special powers and authorities of the department.

173-303-9901

Reserved.

173-303-9903

Discarded chemical products list.

173-303-9904

Dangerous waste sources list.

173-303-9905

Dangerous waste constituents list.

173-303-9906

Special waste bill of lading.

WAC 173-303-016 Identifying solid waste. (1) Purpose and applica-

bility.

(a) The purpose of this section is to identify those materials

that are and are not solid wastes.

(b)(i) The definition of solid waste contained in this section

applies only to wastes that also are dangerous for purposes of the

regulations implementing chapter 70.105 RCW. For example, it does not

apply to materials (such as nondangerous scrap, paper, textiles, or

rubber) that are not otherwise dangerous wastes and that are recycled.

(ii) This section identifies only some of the materials which are

solid wastes and dangerous wastes under chapter 70.105 RCW. A material

which is not defined as a solid waste in this section, or is not a

dangerous waste identified or listed in this section, is still a solid

waste and a dangerous waste for purposes of these sections if reason

and authority exists under chapter 70.105 RCW and WAC 173-303-960.

Within the constraints of chapter 70.105 RCW, this includes but is not

limited to any material that: Is accumulated, used, reused, or handled

in a manner that poses a threat to public health or the environment;


or, due to the dangerous constituent(s) in it, when used or reused

would pose a threat to public health or the environment.

(c) Certain materials are solid wastes but are excluded from the

requirements of this chapter by WAC 173-303-071 and 173-303-073.

(2) The following terms are used and have the meanings as defined

in WAC 173-303-040:

(a) Boiler

(b) By-product

(c) Incinerator

(d) Industrial furnace

(e) Reclaim

(f) Recover

(g) Recycle

(h) Used or reused (see reuse or use)

(i) Sludge

(j) Scrap metal

(k) Spent material

(l) Excluded scrap metal

(m) Processed scrap metal

(n) Home scrap metal

(o) Prompt scrap metal

(3) Definition of solid waste.

(a) A solid waste is any discarded material that is not excluded

by WAC 173-303-017(2) or that is not excluded by variance granted un-

der WAC 173-303-017(5).

(b) A discarded material is any material that is:

(i) Abandoned, as explained in subsection (4) of this section; or

(ii) Recycled, as explained in subsection (5) of this section; or

(iii) Considered inherently waste-like, as explained in subsec-

tion (6) of this section. Persons registering micronutrient or waste-

derived fertilizers under chapter 15.54 RCW must submit information

required by the department to indicate compliance with this chapter.

The required minimum information is described in WAC 173-303-505; or


(iv) A military munition identified as a solid waste at WAC 173-

303-578(2).

(4) Materials are solid waste if they are abandoned by being:

(a) Disposed of; or

(b) Burned or incinerated; or

(c) Accumulated, stored, or treated (but not recycled) before or

in lieu of being abandoned by being disposed of, burned, or incinerat-

ed; or

(d) Sham recycled, as explained in subsection (8) of this sec-

tion..

(5) Materials are solid wastes if they are recycled—or accumu-

lated, stored, or treated before recycling—as specified in (a)

through (d) of this subsection.

(a) Used in a manner constituting disposal. Materials noted with

a "*" in column 1 of Table 1 are solid wastes when they are:

(i)(A) Applied to or placed on the land in a manner that consti-

tutes disposal; or

(B) Used to produce products that are applied to or placed on the

land or are otherwise contained in products that are applied to or

placed on the land (in which cases the product itself remains a solid

waste).

(ii) However, commercial chemical products listed in WAC 173-303-

9903 or which exhibit any of the criteria or characteristics listed in

WAC 173-303-090 or 173-303-100 are not solid wastes if they are ap-

plied to the land and that is their ordinary manner of use.

(b) Burning for energy recovery. Materials noted with a "*" in

column 2 of Table 1 are solid wastes when they are:

(i) Burned to recover energy;

(ii) Used to produce a fuel or are otherwise contained in fuels

(in which cases the fuel itself remains a solid waste).

However, commercial chemical products listed in WAC 173-303-9903

or which exhibit any of the criteria or characteristics listed in WAC

173-303-090 or 173-303-100 are not solid wastes if they are themselves

fuels.


(c) Reclaimed. Materials noted with a "*" in column 3 of Table 1

are solid wastes when reclaimed.

(d)(i) Accumulated speculatively. Materials noted with a "*" in

column 4 of Table 1 are solid wastes when accumulated speculatively.

(ii) A material is "accumulated speculatively" if it is accumu-

lated before being recycled. A material is not accumulated specula-

tively, however, if the person accumulating it can show that the mate-

rial is potentially recyclable and has a feasible means of being recy-

cled; and that—during the calendar year (commencing on January 1)—the

amount of material that is recycled, or transferred to a different

site for recycling, equals at least seventy-five percent by weight or

volume of the amount of that material accumulated at the beginning of

the period. Materials must be placed in a storage unit with a label

indicating the first date that the material began to be accumulated.

If placing a label on the storage unit is not practicable, the accumu-

lation period must be documented through an inventory log or other ap-

propriate method. In calculating the percentage of turnover, the sev-

enty-five percent requirement is to be applied to each material of the

same type (e.g., slags from a single smelting process) that is recy-

cled in the same way (i.e., from which the same material is recovered

or that is used in the same way). Materials accumulating in units that

would be exempt from regulation under WAC 173-303-071 (3)(n) are not

to be included in making the calculation. (Materials that are already

defined as solid wastes also are not to be included in making the cal-

culation.) Materials are no longer in this category once they are re-

moved from accumulation for recycling, however.

TABLE 1

Use

constituting

disposal

WAC 173-

303-016

(5)(a)

Energy recovery/

fuel WAC

173-303- 016 (5)(b)

Reclamation WAC 173-

303-016 (5)(c)

Speculative accumulation

WAC 173-303-016

(5)(d)

Spent materials (*) (*) (*) (*)

Commercial

chemical

products (*) (*) ── ──


Use

constituting

disposal

WAC 173-

303-016

(5)(a)

Energy recovery/

fuel WAC

173-303- 016 (5)(b)

Reclamation WAC 173-

303-016 (5)(c)

Speculative accumulation

WAC 173-303-016

(5)(d)

By-products

listed in WAC

173-303-9904 (*) (*) (*) (*)

Sludges listed in

WAC 173-303-

9904 (*) (*) (*) (*)

By-products

exhibiting a

characteristic1 or

criteria2 (*) (*) ── (*)

Sludges

exhibiting a

characteristic1 or

criteria2 (*) (*) ── (*)

Scrap metal that

is not excluded

under WAC

173-303-071

(3)(ff) (*) (*) (*) (*)

Note: The terms "spent materials," "sludges," "by-products," "scrap

metal" and "processed scrap metal" are defined in WAC 173-303-

040.

1 The characteristics of dangerous waste are described in WAC 173-

303-090. 2 The dangerous waste criteria are described in WAC 173-303-100.

(6) Inherently waste-like materials. The following materials are

solid wastes when they are recycled in any manner:

(a) Dangerous Waste Nos. F020, F021 (unless used as an ingredient

to make a product at the site of generation), F022, F023, F026, and

F028.

(b) Secondary materials fed to a halogen acid furnace that exhib-

it a characteristic of a dangerous waste or are listed as a dangerous

waste as defined in WAC 173-303-090 or 173-303-080 through 173-303-

082, except for brominated material that meets the following criteria:

(i) The material must contain a bromine concentration of at least

45%; and

(ii) The material must contain less than a total of 1% of toxic

organic compounds listed in WAC 173-303-9905; and

(iii) The material is processed continually on-site in the halo-

gen acid furnace via direct conveyance (hard piping).


(c) The department will use the following criteria to add wastes

to (a) of this subsection:

(i)(A) The materials are ordinarily disposed of, burned, or in-

cinerated; or

(B) The materials contain toxic constituents listed in WAC 173-

303-9905 and these constituents are not ordinarily found in raw mate-

rials or products for which the materials substitute (or are found in

raw materials or products in smaller concentrations) and are not used

or reused during the recycling process; and

(ii) The material may pose a substantial hazard to human health

or the environment when recycled.

(7) Documentation of claims that materials are not solid wastes

or are conditionally exempt from regulation. Respondents in actions to

enforce regulations implementing chapter 70.105 RCW who raise a claim

that a certain material is not a solid waste, or is conditionally ex-

empt from regulation, must demonstrate that there is a known market or

disposition for the material, and that they meet the terms of the ex-

clusion or exemption. In doing so, they must provide appropriate docu-

mentation (such as contracts showing that a second person uses the ma-

terial as an ingredient in a production process) to demonstrate that

the material is not a waste, or is exempt from regulation. In addi-

tion, owners or operators of facilities claiming that they actually

are recycling materials must show that they have the necessary equip-

ment to do so.

(8) Sham recycling. A material found to be sham recycled is consid-

ered discarded and a solid waste. Sham recycling is recycling that is

not legitimate recycling as defined in WAC 173-303-019.

[Statutory Authority: Chapter 70.105 RCW. WSR 15-01-123 (Order 13-07),

§ 173-303-016, filed 12/18/14, effective 1/18/15. Statutory Authority:

Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040

(Order 99-01), § 173-303-016, filed 5/10/00, effective 6/10/00. Statu-

tory Authority: Chapters 70.105 and 70.105D RCW. WSR 95-22-008 (Order

94-30), § 173-303-016, filed 10/19/95, effective 11/19/95; WSR 94-01-

060 (Order 92-33), § 173-303-016, filed 12/8/93, effective 1/8/94.


Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part

271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), §

173-303-016, filed 3/7/91, effective 4/7/91. Statutory Authority:

Chapter 70.105 RCW. WSR 86-12-057 (Order DE-85-10), § 173-303-016,

filed 6/3/86; WSR 84-14-031 (Order DE 84-22), § 173-303-016, filed

6/27/84.]

WAC 173-303-017 Recycling processes involving solid waste. (1)

The purpose of this section is to identify those materials that are

and are not solid wastes when recycled. Certain materials, as de-

scribed in subsection (2) of this section, would not typically be con-

sidered to involve waste management and are exempt from the require-

ments of this chapter. All recycling processes not exempted by subsec-

tion (2) of this section are subject to the recycling requirements of

WAC 173-303-120.

(2) General categories of materials that are not solid waste when

recycled.

(a) Except as provided in subsection (3) of this section, materi-

als are not solid wastes when they can be shown to be recycled by be-

ing:

(i) Used or reused as ingredients in an industrial process to

make a product provided the materials are not being reclaimed; or

(ii) Used or reused as effective substitutes for commercial prod-

ucts; or

(iii) Returned to the original process from which they are gener-

ated, without first being reclaimed or land disposed. The material

must be returned as a substitute for feedstock materials. In cases

where the original process to which the material is returned is a sec-

ondary process, the materials must be managed such that there is no

placement on the land.

(b) Except as provided in subsection (3) of this section, the de-

partment has determined that the following materials when used as de-

scribed are not solid wastes:


(i) Pulping liquors (e.g., black liquor) that are reclaimed in a

pulping liquor recovery furnace and then reused in the pulping pro-

cess;

(ii) Spent pickle liquor which is reused in wastewater treatment

at a facility holding a national pollutant discharge elimination sys-

tem (NPDES) permit, or which is being accumulated, stored, or treated

before such reuse;

(iii) Spent sulfuric acid used to produce virgin sulfuric acid.

(3) The following materials are solid wastes, even if the recy-

cling involves use, reuse, or return to the original process (as de-

scribed in subsection (2)(a) of this section):

(a) Materials used in a manner constituting disposal, or used to

produce products that are applied to the land; or

(b) Materials burned for energy recovery, used to produce a fuel,

or contained in fuels; or

(c) Materials accumulated speculatively as defined in WAC 173-

303-016 (5)(d)(ii); or

(d) Materials listed in WAC 173-303-016(6); or

(e) Any materials that the department determines are being accu-

mulated, used, reused or handled in a manner that poses a threat to

public health or the environment.

(4) Documentation of claims that materials are not solid wastes

or are conditionally exempt from regulation. Respondents in actions to

enforce regulations implementing chapter 70.105 RCW who raise a claim

that a certain material is not a solid waste, or is conditionally ex-

empt from regulation, must demonstrate that there is a known market or

disposition for the material, and that they meet the terms of the ex-

clusion or exemption. In doing so, they must provide appropriate docu-

mentation (such as contracts showing that a second person uses the ma-

terial as an ingredient in a production process) to demonstrate that

the material is not a waste, or is exempt from regulation. In addi-

tion, owners or operators of facilities claiming that they actually

are recycling materials must show that they have the necessary equip-

ment to do so.


(5) Variances from classification as a solid waste.

(a) In accordance with the standards and criteria in (b) of this

subsection and the procedures in subsection (7) of this section, the

department may determine on a case-by-case basis that the following

recycled materials are not solid wastes:

(i) Materials that are accumulated speculatively without suffi-

cient amounts being recycled (as defined in WAC 173-303-016

(5)(d)(ii));

(ii) Materials that are reclaimed and then reused within the

original production process in which they were generated;

(iii) Materials that have been reclaimed but must be reclaimed

further before the materials are completely recovered;

(iv) Materials that are reclaimed in a continuous process;

(v) Materials that are indistinguishable in all relevant aspects

from a product or intermediate; and

(iv)(vi) State-only dangerous materials (not regulated as hazard-

ous wastes (defined in WAC 173-303-040) by EPA) which serve as an ef-

fective substitute for a commercial product or raw material.

(b) Standards and criteria for variances from classification as a

solid waste.

(i) The department may grant requests for a variance from classi-

fying as a solid waste those materials that are accumulated specula-

tively without sufficient amounts being recycled if the applicant

demonstrates that sufficient amounts of the material will be recycled

or transferred for recycling in the following year. If a variance is

granted, it is valid only for the following year, but can be renewed,

on an annual basis, by filing a new application. The department's de-

cision will be based on the following criteria:

(A) The manner in which the material is expected to be recycled,

when the material is expected to be recycled, and whether this ex-

pected disposition is likely to occur (for example, because of past

practice, market factors, the nature of the material, or contractual

arrangements for recycling);


(B) The reason that the applicant has accumulated the material

for one or more years without recycling seventy-five percent of the

volume accumulated at the beginning of the year;

(C) The quantity of material already accumulated and the quantity

expected to be generated and accumulated before the material is recy-

cled;

(D) The extent to which the material is handled to minimize loss;

(E) Other relevant factors.

(ii) The department may grant requests for a variance from clas-

sifying as a solid waste those materials that are reclaimed and then

reused as feedstock within the original production process in which

the materials were generated if the reclamation operation is an essen-

tial part of the production process. This determination will be based

on the following criteria:

(A) How economically viable the production process would be if it

were to use virgin materials, rather than reclaimed materials;

(B) The extent to which the material is handled before reclama-

tion to minimize loss;

(C) The time periods between generating the material and its rec-

lamation, and between reclamation and return to the original primary

production process;

(D) The location of the reclamation operation in relation to the

production process;

(E) Whether the reclaimed material is used for the purpose for

which it was originally produced when it is returned to the original

process, and whether it is returned to the process in substantially

its original form;

(F) Whether the person who generates the material also reclaims

it;

(G) Other relevant factors.

(iii) The department may grant requests for a variance from

classifying as a solid waste those materials that have been reclaimed

but must be reclaimed further before recovery is completed if, after

initial reclamation, the resulting material is commodity-like (even


though it is not yet a commercial product, and has to be reclaimed

further). This determination will be based on the following factors:

(A) The degree of processing the material has undergone and the

degree of further processing that is required;

(B) The value of the material after it has been reclaimed;

(C) The degree to which the reclaimed material is like an analo-

gous raw material;

(D) The extent to which an end market for the reclaimed material

is guaranteed;

(E) The extent to which the reclaimed material is handled to min-

imize loss;

(F) Other relevant factors.

(iii) The Department may grant requests for a variance from classi-

fying as a solid waste those hazardous secondary materials that have

been partially reclaimed, but must be reclaimed further before recov-

ery is completed, if the partial reclamation has produced a commodity-

like material. A determination that a partially-reclaimed hazardous

secondary material for which the variance is sought is commodity-like

will be based on whether the material is legitimately recycled as

specified in WAC 173-303-019 and on whether all of the following deci-

sion criteria are satisfied:

(A) Whether the degree of partial reclamation the material has un-

dergone is substantial as demonstrated by using a partial reclamation

process other than the process that generated the dangerous waste;

(B) Whether the partially-reclaimed material has sufficient econom-

ic value that it will be purchased for further reclamation;

(C) Whether the partially-reclaimed material is a viable substitute

for a product or intermediate produced from virgin or raw materials

which is used in subsequent production steps;

(D) Whether there is a market for the partially-reclaimed material

as demonstrated by known customer(s) who are further reclaiming the

material (e.g., records of sales and/or contracts and evidence of sub-

sequent use, such as bills of lading);

(E) Whether the partially-reclaimed material is handled to mini-

mize loss;

(F) Other relevant factors.

(iv) The department may grant requests for a variance from clas-

sifying as a solid waste those materials that serve as an effective

substitute for a commercial product or raw material, when such materi-


al is not regulated as hazardous waste (defined in WAC 173-303-040) by

EPA, if the materials are recycled in a manner such that they more

closely resemble products or raw materials rather than wastes. This

determination will be based on the following factors:

(A) The effectiveness of the material for the claimed use;

(B) The degree to which the material is like an analogous raw ma-

terial or product;

(C) The extent to which the material is handled to minimize loss

or escape to the environment;

(D) The extent to which an end market for the reclaimed material

is guaranteed;

(E) The time period between generating the material and its recy-

cling;

(F) Other factors as appropriate.

(6) Variance to be classified as a boiler.

In accordance with the standards and criteria in WAC 173-303-040

(definition of "boiler"), and the procedures in subsection (7) of this

section, the department may determine on a case-by-case basis that

certain enclosed devices using controlled flame combustion are boil-

ers, even though they do not otherwise meet the definition of boiler

contained in WAC 173-303-040, after considering the following crite-

ria:

(a) The extent to which the unit has provisions for recovering

and exporting thermal energy in the form of steam, heated fluids, or

heated gases; and

(b) The extent to which the combustion chamber and energy recov-

ery equipment are of integral design; and

(c) The efficiency of energy recovery, calculated in terms of the

recovered energy compared with the thermal value of the fuel; and

(d) The extent to which exported energy is utilized; and

(e) The extent to which the device is in common and customary use

as a "boiler" functioning primarily to produce steam, heated fluids,

or heated gases; and

(f) Other factors, as appropriate.


(7) Procedures for variances from classification as a solid waste

or to be classified as a boiler.

The department will use the following procedures in evaluating

applications for variances from classification as a solid waste or ap-

plications to classify particular enclosed controlled flame combustion

devices as boilers:

(a) The applicant must apply to the department for the variance.

The application must address the relevant criteria contained in sub-

sections (5)(b) or (6) of this section, as applicable.

(b) The department will evaluate the application and issue a

draft public notice tentatively granting or denying the application.

Notification of this tentative decision will be provided by newspaper

advertisement and radio broadcast in the locality where the recycler

is located. The department will accept comment on the tentative deci-

sion for thirty days, and may also hold a public hearing upon request

or at its discretion. The department will issue a final decision after

receipt of comments and after the hearing (if any).

(c) In the event of a change in circumstances that affect how a ma-

terial meets the relevant criteria contained in subsection (5) or (6)

of this section, as applicable, upon which a variance has been based,

the applicant must send a description of the change in circumstances

to the Department. The Department may issue a determination that the

material continues to meet the relevant criteria of the variance or

may require the facility to re-apply for the variance.

(d) Variances shall be effective for a fixed term not to exceed ten

years. No later than six months prior to the end of this term, facili-

ties must re-apply for a variance. If a facility re-applies for a var-

iance within six months, the facility may continue to operate under an

expired variance until receiving a decision on their re-application

from the Department.

(e) Facilities receiving a variance must provide notification as

required by subsection (8) of this section.

(8) Notification requirements for materials managed under vari-

ances from classification as a solid waste.

(a) Facilities managing hazardous secondary materials under WAC

173-303-017(5) must send a notification prior to operating under the


regulatory provision and by March 1 of each even-numbered year there-

after to the Department using Ecology’s Site Identification Form that

includes the following information:

(i) The name, address, and EPA/state identification number (if

applicable) of the facility;

(ii) The name and telephone number of a contact person;

(iii) The NAICS code of the facility;

(iv) The regulation under which the hazardous secondary materials

will be managed;

(v) When the facility began or expects to begin managing the haz-

ardous secondary materials in accordance with the regulation;

(vi) A list of hazardous secondary materials that will be managed

according to the regulation (reported as the dangerous waste numbers

that would apply if the hazardous secondary materials were managed as

dangerous wastes);

(vii) The quantity of each hazardous secondary material to be

managed annually; and

(viii) The certification (included in Ecology’s Site Identifica-

tion Form) signed and dated by an authorized representative of the fa-

cility.

(b) If a facility managing hazardous secondary materials under

this section has submitted a notification, but then subsequently stops

managing those materials in accordance with the regulation(s) listed

above, the facility must notify the Department within thirty days us-

ing Ecology’s Site Identification Form. For purposes of this section,

a facility has stopped managing hazardous secondary materials under

this section if the facility no longer generates, manages and/or re-

claims materials under the regulation(s) above and does not expect to

manage any amount of hazardous secondary materials under this section

for at least 1 year.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105

(Order 07-12), § 173-303-017, filed 6/30/09, effective 7/31/09; WSR

98-03-018 (Order 97-03), § 173-303-017, filed 1/12/98, effective

2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-017, filed 10/19/95,

effective 11/19/95. Statutory Authority: Chapters 70.105 and 70.105D

RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-


Statutory Authority: Chapter 70.105 RCW. WSR 87-14-029 (Order DE-87-

4), § 173-303-017, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), §


173-303-017, filed 6/3/86; WSR 84-14-031 (Order DE 84-22), § 173-303-

017, filed 6/27/84.]

WAC 173-303-019 Legitimacy criteria for recycling of hazardous sec-

ondary materials.

(1) Recycling of hazardous secondary materials for the purpose of

the exclusions or exemptions from the dangerous waste regulations must

be legitimate. Hazardous secondary material that is not legitimately

recycled is discarded material and is a solid waste. In determining if

their recycling is legitimate, persons must address all the require-

ments of this section.

(a) Legitimate recycling must involve a hazardous secondary mate-

rial that provides a useful contribution to the recycling process or

to a product or intermediate of the recycling process. The hazardous

secondary material provides a useful contribution if it:

(i) Contributes valuable ingredients to a product or intermedi-

ate; or

(ii) Replaces a catalyst or carrier in the recycling process; or

(iii) Is the source of a valuable constituent recovered in the

recycling process; or

(iv) Is recovered or regenerated by the recycling process; or

(v) Is used as an effective substitute for a commercial product.

(b) The recycling process must produce a valuable product or in-

termediate. The product or intermediate is valuable if it is:

(i) Used by the recycler or the generator as an effective substi-

tute for a commercial product or as an ingredient or intermediate in

an industrial process; or

(ii) Sold to a third party.

(c) The generator, recycler or third party must manage the haz-

ardous secondary material as a valuable commodity when it is under

their control. Where there is an analogous raw material, the hazardous

secondary material must be managed, at a minimum, in a manner con-

sistent with the management of the raw material or in an equally pro-

tective manner. Where there is no analogous raw material, the hazard-

ous secondary material must be contained. Hazardous secondary materi-

als that are released to the environment and are not recovered immedi-

ately are discarded.

(d) The product of the recycling process must be comparable to a

legitimate product or intermediate:


(i) Where there is an analogous product or intermediate, the

product of the recycling process is comparable to a legitimate product

or intermediate if:

(A) The product of the recycling process does not exhibit a dan-

gerous waste characteristic (as defined in WAC 173-303-090) or meet

any dangerous waste criteria (as found in WAC 173-303-100) that analo-

gous products do not exhibit, and

(B) The concentrations of any dangerous constituents found in WAC

173-303-9905 that are in the product or intermediate are at levels

that are comparable to or lower than those found in analogous products

or at levels that meet widely-recognized commodity standards and spec-

ifications, in the case where the commodity standards and specifica-

tions include levels that specifically address those dangerous con-

stituents.

(ii) Where there is no analogous product, the product of the re-

cycling process is comparable to a legitimate product or intermediate

if:

(A) The product of the recycling process is a commodity that

meets widely recognized commodity standards and specifications (e.g.,

commodity specification grades for common metals), or

(B) The hazardous secondary materials being recycled are returned

to the original process or processes from which they were generated to

be reused (e.g., closed loop recycling).

(iii) If the product of the recycling process has levels of dan-

gerous constituents (found in WAC 173-303-9905) that are not compara-

ble to or unable to be compared to a legitimate product or intermedi-

ate per subsection (1)(d)(i) or (ii) of this section, the recycling

still may be shown to be legitimate, if it meets the following speci-

fied requirements. The person performing the recycling must conduct

the necessary assessment and prepare documentation showing why the re-

cycling is, in fact, still legitimate. The recycling can be shown to

be legitimate based on:

(A) lack of exposure from toxics in the product; and

(B) lack of the bioavailability of the toxics in the product; or (C)

other relevant considerations which show that the recycled product

does not contain levels of dangerous constituents that pose a signifi-

cant human health or environmental risk.

(D) The documentation must include a certification statement that

the recycling is legitimate and must be maintained on-site for five

years after the recycling operation has ceased.

(E) The person performing the recycling must notify the Depart-

ment of this activity using Ecology’s Site Identification Form.


WAC 173-303-040 Definitions. When used in this chapter, the fol-

lowing terms have the meanings given below.

"Aboveground tank" means a device meeting the definition of

"tank" in this section and that is situated in such a way that the en-

tire surface area of the tank is completely above the plane of the ad-

jacent surrounding surface and the entire surface area of the tank

(including the tank bottom) is able to be visually inspected.

"Active life" of a facility means the period from the initial re-

ceipt of dangerous waste at the facility until the department receives

certification of final closure.

"Active portion" means that portion of a facility which is not a

closed portion, and where dangerous waste recycling, reuse, reclama-

tion, transfer, treatment, storage or disposal operations are being or

have been conducted after:

The effective date of the waste's designation by 40 C.F.R. Part

261; and

March 10, 1982, for wastes designated only by this chapter and

not designated by 40 C.F.R. Part 261. (See also "closed portion" and

"inactive portion.")

"Active range" means a military range that is currently in ser-

vice and is being regularly used for range activities.

"Acute hazardous waste" means dangerous waste sources (listed in

WAC 173-303-9904) F020, F021, F022, F023, F026, or F027, and discarded

chemical products (listed in WAC 173-303-9903) that are identified

with a dangerous waste number beginning with a "P", including those

wastes mixed with source, special nuclear, or by-product material sub-

ject to the Atomic Energy Act of 1954. The abbreviation "AHW" will be

used in this chapter to refer to those dangerous and mixed wastes

which are acute hazardous wastes. Note - The terms acute and acutely

are used interchangeably.

"Ampule" means an airtight vial made of glass, plastic, metal, or

any combination of these materials.

"Ancillary equipment" means any device including, but not limited

to, such devices as piping, fittings, flanges, valves, and pumps, that


is used to distribute, meter, or control the flow of dangerous waste

from its point of generation to a storage or treatment tank(s), be-

tween dangerous waste storage and treatment tanks to a point of dis-

posal on-site, or to a point of shipment for disposal off-site.

"Aquifer" means a geologic formation, group of formations, or

part of a formation capable of yielding a significant amount of

groundwater to wells or springs.

"Batch" means any waste which is generated less frequently than

once a month.

"Battery" means a device consisting of one or more electrically

connected electrochemical cells which is designed to receive, store,

and deliver electric energy. An electrochemical cell is a system con-

sisting of an anode, cathode, and an electrolyte, plus such connec-

tions (electrical and mechanical) as may be needed to allow the cell

to deliver or receive electrical energy. The term battery also in-

cludes an intact, unbroken battery from which the electrolyte has been

removed.

"Berm" means the shoulder of a dike.

"Boiler" means an enclosed device using controlled flame combus-

tion and having the following characteristics:

The unit must have physical provisions for recovering and export-

ing thermal energy in the form of steam, heated fluids, or heated gas-

es; and

The unit's combustion chamber and primary energy recovery sec-

tion(s) must be of integral design. To be of integral design, the com-

bustion chamber and the primary energy recovery section(s) (such as

waterwalls and superheaters) must be physically formed into one manu-

factured or assembled unit. A unit in which the combustion chamber and

the primary energy recovery section(s) are joined only by ducts or

connections carrying flue gas is not integrally designed; however,

secondary energy recovery equipment (such as economizers or air pre-

heaters) need not be physically formed into the same unit as the com-

bustion chamber and the primary energy recovery section. The following

units are not precluded from being boilers solely because they are not


of integral design: Process heaters (units that transfer energy di-

rectly to a process stream), and fluidized bed combustion units; and

While in operation, the unit must maintain a thermal energy re-

covery efficiency of at least sixty percent, calculated in terms of

the recovered energy compared with the thermal value of the fuel; and

The unit must export and utilize at least seventy-five percent of

the recovered energy, calculated on an annual basis. In this calcula-

tion, no credit will be given for recovered heat used internally in

the same unit. (Examples of internal use are the preheating of fuel or

combustion air, and the driving of induced or forced draft fans or

feedwater pumps); or

The unit is one which the department has determined, on a case-

by-case basis, to be a boiler, after considering the standards in WAC

173-303-017(6).

"By-product" means a material that is not one of the primary

products of a production process and is not solely or separately pro-

duced by the production process. Examples are process residues such as

slags or distillation column bottoms. The term does not include a

coproduct that is produced for the general public's use and is ordi-

narily used in the form it is produced by the process.

"Carbon regeneration unit" means any enclosed thermal treatment

device used to regenerate spent activated carbon.

"Carcinogenic" means a material known to contain a substance

which has sufficient or limited evidence as a human or animal carcino-

gen as listed in both IARC and either IRIS or HEAST.

"Cathode ray tube" or "CRT" means a vacuum tube, composed primar-

ily of glass, which is the visual or video display component of an

electronic device. A used, intact CRT means a CRT whose vacuum has not

been released. A used, broken CRT means glass removed from its housing

or casing whose vacuum has been released.

"Chemical agents and chemical munitions" are defined as in 50

U.S.C. section 1521 (j)(1).

"Cleanup-only facility" means a site, including any contiguous

property owned or under the control of the owner or operator of the


site, where the owner or operator is or will be treating, storing, or

disposing of remediation waste, including dangerous remediation waste,

and is not, has not and will not be treating, storing or disposing of

dangerous waste that is not remediation waste. A cleanup-only facility

is not a "facility" for purposes of corrective action under WAC 173-

303-646.

"Closed portion" means that portion of a facility which an owner

or operator has closed, in accordance with the approved facility clo-

sure plan and all applicable closure requirements.

"Closure" means:

• The requirements placed upon all recycling, used oil, and TSD

facilities, plus some generators, and some transporters to ensure that

all such facilities are closed in an acceptable manner (see also

"post-closure"); and

• Once taken out of service, the proper cleaning up and/or decon-

taminating of a dangerous waste management unit or a recycling unit

and any areas affected by releases from the unit.

"Commercial chemical product or manufacturing chemical intermedi-

ate" refers to a chemical substance which is manufactured or formulat-

ed for commercial or manufacturing use which consists of the commer-

cially pure grade of the chemical, any technical grades of the chemi-

cal that are produced or marketed, and all formulations in which the

chemical is the sole active ingredient.

"Commercial fertilizer" means any substance containing one or

more recognized plant nutrients and which is used for its plant nutri-

ent content and/or which is designated for use or claimed to have val-

ue in promoting plant growth, and includes, but is not limited to, li-

mes, gypsum, and manipulated animal manures and vegetable compost. The

commercial fertilizer must be registered with the state or local agen-

cy regulating the fertilizer in the locale in which the fertilizer is

being sold or applied.

"Compliance procedure" means any proceedings instituted pursuant

to the Hazardous Waste Management Act, chapter 70.105 RCW, and Hazard-

ous waste fees, chapter 70.105A RCW, or regulations issued under au-


thority of state law, which seeks to require compliance, or which is

in the nature of an enforcement action or an action to cure a viola-

tion. A compliance procedure includes a notice of intention to termi-

nate a permit pursuant to WAC 173-303-830(5), or an application in the

state superior court for appropriate relief under the Hazardous Waste

Management Act. A compliance procedure is considered to be pending

from the time a notice of violation or of intent to terminate a permit

is issued or judicial proceedings are begun, until the department no-

tifies the owner or operator in writing that the violation has been

corrected or that the procedure has been withdrawn or discontinued.

"Component" means either the tank or ancillary equipment of a

tank system.

"Constituent" or "dangerous waste constituent" means a chemically

distinct component of a dangerous waste stream or mixture.

“Contained” means held in a unit that meets the following crite-

ria:

The unit is in good condition, with no leaks or other continu-

ing or intermittent unpermitted releases of the hazardous sec-

ondary materials to the environment, and is designed, as appro-

priate for the hazardous secondary materials, to prevent re-

leases of hazardous secondary materials to the environment. Un-

permitted releases are releases that are not covered by a per-

mit (such as a permit to discharge to water or air) and may in-

clude, but are not limited to, releases through surface

transport by precipitation runoff, releases to soil and ground-

water, wind-blown dust, fugitive air emissions, and cata-

strophic unit failures;

The unit is properly labeled or otherwise has a system (such as

a log) to immediately identify the hazardous secondary materi-

als in the unit; and

The unit holds hazardous secondary materials that are compati-

ble with other hazardous secondary materials placed in the unit


and is compatible with the materials used to construct the unit

and addresses any potential risks of fires or explosions.

Hazardous secondary materials in units that meet the applicable

requirements of WAC 173-303-280 through 173-303-395 or WAC 173-

303-400 are presumptively contained.

"Container" means any portable device in which a material is

stored, transported, treated, disposed of, or otherwise handled.

"Containment building" means a hazardous waste management unit

that is used to store or treat hazardous waste under the provisions of

WAC 173-303-695.

"Contingency plan" means a document setting out an organized,

planned, and coordinated course of action to be followed in case of a

fire, explosion, or release of dangerous waste or dangerous waste con-

stituents which could threaten human health or environment.

"Contract" means the written agreement signed by the department

and the state operator.

"Corrosion expert" means a person who, by reason of his knowledge

of the physical sciences and the principles of engineering and mathe-

matics, acquired by a professional education and related practical ex-

perience, is qualified to engage in the practice of corrosion control

on buried or submerged metal piping systems and metal tanks. Such a

person must be certified as being qualified by the National Associa-

tion of Corrosion Engineers (NACE) or be a registered professional en-

gineer who has certification or licensing that includes education and

experience in corrosion control on buried or submerged metal piping

systems and metal tanks.

"CRT collector" means a person who receives CRTs for recycling,

repair, resale, or donation.

“CRT exporter” means any person in the United States who initi-

ates a transaction to send used CRTs outside the United States or its

territories for recycling or reuse, or any intermediary in the United

States arranging for such export.

"CRT glass manufacturer" means an operation or part of an opera-

tion that uses a furnace to manufacture CRT glass.


"CRT processing" means conducting all of the following activi-

ties:

• Receiving broken or intact CRTs; and

• Intentionally breaking intact CRTs or further breaking or sepa-

rating broken CRTs; and

• Sorting or otherwise managing glass removed from CRT monitors.

"Dangerous waste constituents" means those constituents listed in

WAC 173-303-9905 and any other constituents that have caused a waste

to be a dangerous waste under this chapter.

"Dangerous waste management unit" is a contiguous area of land on

or in which dangerous waste is placed, or the largest area in which

there is a significant likelihood of mixing dangerous waste constitu-

ents in the same area. Examples of dangerous waste management units

include a surface impoundment, a waste pile, a land treatment area, a

landfill cell, an incinerator, a tank and its associated piping and

underlying containment system and a container storage area. A contain-

er alone does not constitute a unit; the unit includes containers and

the land or pad upon which they are placed.

"Dangerous wastes" means those solid wastes designated in WAC

173-303-070 through 173-303-100 as dangerous, or extremely hazardous

or mixed waste. As used in this chapter, the words "dangerous waste"

will refer to the full universe of wastes regulated by this chapter.

The abbreviation "DW" will refer only to that part of the regulated

universe which is not extremely hazardous waste. (See also "extremely

hazardous waste," "hazardous waste," and "mixed waste" definitions.)

"Debris" means solid material exceeding a 60 mm particle size

that is intended for disposal and that is: A manufactured object; or

plant or animal matter; or natural geologic material. However, the

following materials are not debris: Any material for which a specific

treatment standard is provided in 40 C.F.R. Part 268 Subpart D (incor-

porated by reference in WAC 173-303-140 (2)(a)); process residuals

such as smelter slag and residues from the treatment of waste,

wastewater, sludges, or air emission residues; and intact containers

of hazardous waste that are not ruptured and that retain at least sev-


enty-five percent of their original volume. A mixture of debris that

has not been treated to the standards provided by 40 C.F.R. 268.45 and

other material is subject to regulation as debris if the mixture is

comprised primarily of debris, by volume, based on visual inspection.

"Department" means the department of ecology.

"Dermal Rabbit LD50" means the single dosage in milligrams per

kilogram (mg/kg) body weight which, when dermally (skin) applied for

24 hours, within 14 days kills half or more of a group of ten rabbits

each weighing between 2.0 and 3.0 kilograms.

"Designated facility" means:

• A dangerous waste treatment, storage, disposal, or recycling

facility that:

– Has received a permit (or interim status) in accordance with

the requirements of this chapter,

– Has received a permit (or interim status) from another state

authorized in accordance with 40 C.F.R. Part 271,

– Has received a permit (or interim status) from EPA in accord-

ance with 40 C.F.R. Part 270,

– Has a permit by rule under WAC 173-303-802(5), or is regulated

under WAC 173-303-120 (4)(c) or 173-303-525 when the dangerous waste

is to be recycled, and

– That has been designated on the manifest pursuant to WAC 173-

303-180(1).

• "Designated facility" also means a generator site designated on

the manifest to receive its waste as a return shipment from a facility

that has rejected the waste in accordance with WAC 173-303-370 (5)(f).

• If a waste is destined to a facility in an authorized state

that has not yet obtained authorization to regulate that particular

waste as dangerous, then the designated facility must be a facility

allowed by the receiving state to accept such waste.

• The following are designated facilities only for receipt of

state-only waste; they cannot receive federal hazardous waste from

off-site: Facilities operating under WAC 173-303-500 (2)(c).


"Designation" is the process of determining whether a waste is

regulated under the dangerous waste lists, WAC 173-303-080 through

173-303-082; or characteristics, WAC 173-303-090; or criteria, WAC

173-303-100. The procedures for designating wastes are in WAC 173-303-

070. A waste that has been designated as a dangerous waste may be ei-

ther DW or EHW.

"Destination facility" means a facility that treats, disposes of,

or recycles a particular category of universal waste, except those

management activities described in WAC 173-303-573 (9)(a), (b) and (c)

and 173-303-573 (20)(a), (b) and (c). A facility at which a particular

category of universal waste is only accumulated, is not a destination

facility for purposes of managing that category of universal waste.

"Dike" means an embankment or ridge of natural or man-made mate-

rials used to prevent the movement of liquids, sludges, solids, or

other substances.

"Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and

octa-chlorinated dibenzo dioxins and furans.

"Director" means the director of the department of ecology or his

designee.

"Discharge" or "dangerous waste discharge" means the accidental

or intentional release of hazardous substances, dangerous waste or

dangerous waste constituents such that the substance, waste or a waste

constituent may enter or be emitted into the environment.

"Disposal" means the discharging, discarding, or abandoning of

dangerous wastes or the treatment, decontamination, or recycling of

such wastes once they have been discarded or abandoned. This includes

the discharge of any dangerous wastes into or on any land, air, or wa-

ter.

"Domestic sewage" means untreated sanitary wastes that pass

through a sewer system to a publicly owned treatment works (POTW) for

treatment.

"Draft permit" means a document prepared under WAC 173-303-840

indicating the department's tentative decision to issue or deny, modi-

fy, revoke and reissue, or terminate a permit. A notice of intent to


terminate or deny a permit are types of draft permits. A denial of a

request for modification, revocation and reissuance, or termination as

discussed in WAC 173-303-830 is not a draft permit.

"Drip pad" is an engineered structure consisting of a curbed,

free-draining base, constructed of nonearthen materials and designed

to convey preservative kick-back or drippage from treated wood, pre-

cipitation, and surface water run-on to an associated collection sys-

tem at wood preserving plants.

“Electronic signature” has the meaning given in RCW 19.034.020.

"Elementary neutralization unit" means a device which:

Is used for neutralizing wastes which are dangerous wastes only

because they exhibit the corrosivity characteristics defined in WAC

173-303-090 or are listed in WAC 173-303-081, or in 173-303-082 only

for this reason; and

Meets the definition of tank, tank system, container, transport

vehicle, or vessel.

"Enforceable document" means an order, consent decree, plan or

other document that meets the requirements of 40 C.F.R. 271.16(e) and

is issued by the director to apply alternative requirements for clo-

sure, post-closure, groundwater monitoring, corrective action or fi-

nancial assurance under WAC 173-303-610 (1)(e), 173-303-645 (1)(fe),

or 173-303-620 (1)(d) or, as incorporated by reference at WAC 173-303-

400, 40 C.F.R. 265.90(f), 265.110(d), or 265.140(d). Enforceable docu-

ments include, but are not limited to, closure plans and post-closure

plans, permits issued under chapter 70.105 RCW, orders issued under

chapter 70.105 RCW and orders and consent decrees issued under chapter

70.105D RCW.

"Environment" means any air, land, water, or groundwater.

"EPA/state identification number" or "EPA/state ID#" means the

number assigned by EPA or by the department of ecology to each genera-

tor, transporter, and TSD facility.

"Excluded scrap metal" is processed scrap metal, unprocessed home

scrap metal, and unprocessed prompt scrap metal.


"Existing tank system" or "existing component" means a tank sys-

tem or component that is used for the storage or treatment of danger-

ous waste and that is in operation, or for which installation has com-

menced on or prior to February 3, 1989. Installation will be consid-

ered to have commenced if the owner or operator has obtained all fed-

eral, state, and local approvals or permits necessary to begin physi-

cal construction of the site or installation of the tank system and if

either:

A continuous on-site physical construction or installation pro-

gram has begun; or

The owner or operator has entered into contractual obligations,

which cannot be canceled or modified without substantial loss, for

physical construction of the site or installation of the tank system

to be completed within a reasonable time.

"Existing TSD facility" means a facility which was in operation

or for which construction commenced on or before November 19, 1980,

for wastes designated by 40 C.F.R. Part 261, or August 9, 1982, for

wastes designated only by this chapter and not designated by 40 C.F.R.

Part 261. A facility has commenced construction if the owner or opera-

tor has obtained permits and approvals necessary under federal, state,

and local statutes, regulations, and ordinances and either:

A continuous on-site, physical construction program has begun; or

The owner or operator has entered into contractual obligation,

which cannot be canceled or modified without substantial loss, for

physical construction of the facility to be completed within a reason-

able time.

"Explosives or munitions emergency" means a situation involving

the suspected or detected presence of unexploded ordnance (UXO), dam-

aged or deteriorated explosives or munitions, an improvised explosive

device (IED), other potentially explosive material or device, or other

potentially harmful military chemical munitions or device, that cre-

ates an actual or potential imminent threat to human health, including

safety, or the environment, including property, as determined by an

explosives or munitions emergency response specialist. Such situations


may require immediate and expeditious action by an explosives or muni-

tions emergency response specialist to control, mitigate, or eliminate

the threat.

"Explosives or munitions emergency response" means all immediate

response activities by an explosives and munitions emergency response

specialist to control, mitigate, or eliminate the actual or potential

threat encountered during an explosives or munitions emergency. An ex-

plosives or munitions emergency response may include in-place render-

safe procedures, treatment or destruction of the explosives or muni-

tions and/or transporting those items to another location to be ren-

dered safe, treated, or destroyed. Any reasonable delay in the comple-

tion of an explosives or munitions emergency response caused by a nec-

essary, unforeseen, or uncontrollable circumstance will not terminate

the explosives or munitions emergency. Explosives and munitions emer-

gency responses can occur on either public or private lands and are

not limited to responses at RCRA facilities.

"Explosives or munitions emergency response specialist" means an

individual trained in chemical or conventional munitions or explosives

handling, transportation, render-safe procedures, or destruction tech-

niques. Explosives or munitions emergency response specialists include

Department of Defense (DOD) emergency explosive ordnance disposal

(EOD), technical escort unit (TEU), and DOD-certified civilian or con-

tractor personnel; and other federal, state, or local government, or

civilian personnel similarly trained in explosives or munitions emer-

gency responses.

"Extremely hazardous waste" means those dangerous and mixed

wastes designated in WAC 173-303-100 as extremely hazardous. The ab-

breviation "EHW" will be used in this chapter to refer to those dan-

gerous and mixed wastes which are extremely hazardous. (See also "dan-

gerous waste" and "hazardous waste" definitions.)

"Facility" means:

• All contiguous land, and structures, other appurtenances, and

improvements on the land used for recycling, reusing, reclaiming,

transferring, storing, treating, or disposing of dangerous waste,


or for managing hazardous secondary materials prior to reclama-

tion. A facility may consist of several treatment, storage, or dispos-

al operational units (for example, one or more landfills, surface im-

poundments, or combination of them). Unless otherwise specified in

this chapter, the terms "facility," "treatment, storage, disposal fa-

cility," "TSD facility," "dangerous waste facility" or "waste manage-

ment facility" are used interchangeably.

• For purposes of implementing corrective action under WAC 173-

303-64620 or 173-303-64630, "facility" also means all contiguous prop-

erty under the control of an owner or operator seeking a permit under

chapter 70.105 RCW or chapter 173-303 WAC and includes the definition

of facility at RCW 70.105D.020(8).

"Facility mailing list" means the mailing list for a facility

maintained by the department in accordance with WAC 173-303-840

(3)(e)(I)(D).

"Final closure" means the closure of all dangerous waste manage-

ment units at the facility in accordance with all applicable closure

requirements so that dangerous waste management activities under WAC

173-303-400 and 173-303-600 through 173-303-670 are no longer conduct-

ed at the facility. Areas only subject to generator standards WAC 173-

303-170 through 173-303-230 need not be included in final closure.

"Fish LC50" means the concentration that will kill fifty percent

or more of the exposed fish in a specified time period. For book des-

ignation, LC50 data must be derived from an exposure period greater

than or equal to twenty-four hours. A hierarchy of species LC50 data

should be used that includes (in decreasing order of preference) salm-

onids, fathead minnows (Pimephales promelas), and other fish species.

For the ninety-six-hour static acute fish toxicity test, described in

WAC 173-303-110 (3)(b)(i), coho salmon (Oncorhynchus kisutch), rainbow

trout (Oncorhynchus mykiss), or brook trout (Salvelinus fontinalis)

must be used.

"Food chain crops" means tobacco, crops grown for human consump-

tion, and crops grown to feed animals whose products are consumed by

humans.


"Freeboard" means the vertical distance between the top of a tank

or surface impoundment dike, and the surface of the waste contained

therein.

"Fugitive emissions" means the emission of contaminants from

sources other than the control system exit point. Material handling,

storage piles, doors, windows and vents are typical sources of fugi-

tive emissions.

"Generator" means any person, by site, whose act or process pro-

duces dangerous waste or whose act first causes a dangerous waste to

become subject to regulation.

"Genetic properties" means those properties which cause or sig-

nificantly contribute to mutagenic, teratogenic, or carcinogenic ef-

fects in man or wildlife.

"Groundwater" means water which fills voids below the land sur-

face and in the earth's crust.

"Halogenated organic compounds" (HOC) means any organic compounds

which, as part of their composition, include one or more atoms of flu-

orine, chlorine, bromine, or iodine which is/are bonded directly to a

carbon atom. This definition does not apply to the federal land dis-

posal restrictions of 40 C.F.R. Part 268 which are incorporated by

reference at WAC 173-303-140 (2)(a). Note: Additional information on

HOCs may be found in Chemical Testing Methods for Designating Danger-

ous Waste, Ecology Publication #97-407.

"Hazardous debris" means debris that contains a hazardous waste

listed in WAC 173-303-9903 or 173-303-9904, or that exhibits a charac-

teristic of hazardous waste identified in WAC 173-303-090.

“Hazardous secondary material” means a secondary material (e.g.,

spent material, by-product, sludge or commercial chemical product)

that, when discarded, would be identified as a dangerous waste under

this chapter.

“Hazardous secondary material generator” means any person whose

act or process produces hazardous secondary materials at the generat-

ing facility. For purposes of this definition, “generating facility”


means all contiguous property owned, leased, or otherwise controlled

by the hazardous secondary material generator.

"Hazardous substances" means any liquid, solid, gas, or sludge,

including any material, substance, product, commodity, or waste, re-

gardless of quantity, that exhibits any of the physical, chemical or

biological properties described in WAC 173-303-090 or 173-303-100.

"Hazardous wastes" means those solid wastes designated by 40

C.F.R. Part 261, and regulated as hazardous and/or mixed waste by the

United States EPA. This term will never be abbreviated in this chapter

to avoid confusion with the abbreviations "DW" and "EHW." (See also

"dangerous waste" and "extremely hazardous waste" definitions.)

"Home scrap metal" is scrap metal as generated by steel mills,

foundries, and refineries such as turnings, cuttings, punchings, and

borings.

"Ignitable waste" means a dangerous waste that exhibits the char-

acteristic of ignitability described in WAC 173-303-090(5).

"Inactive portion" means that portion of a facility which has not

recycled, treated, stored, or disposed dangerous waste after:

The effective date of the waste's designation, for wastes desig-

nated under 40 C.F.R. Part 261; and

March 10, 1982, for wastes designated only by this chapter and

not designated by 40 C.F.R. Part 261.

"Inactive range" means a military range that is not currently be-

ing used, but that is still under military control and considered by

the military to be a potential range area, and that has not been put

to a new use that is incompatible with range activities.

"Incinerator" means any enclosed device that:

Uses controlled flame combustion and neither meets the criteria

for classification as a boiler, sludge dryer, or carbon regeneration

unit, nor is listed as an industrial furnace; or

Meets the definition of infrared incinerator or plasma arc incin-

erator.

"Incompatible waste" means a dangerous waste that is unsuitable

for:


• Placement in a particular device or facility because it may

cause corrosion or decay of containment materials (for example, con-

tainer inner liners or tank walls); or

• Commingling with another waste or material under uncontrolled

conditions because the commingling might produce heat or pressure,

fire or explosion, violent reaction, toxic dusts, fumes, mists, or

gases, or flammable fumes or gases.

(See appendix V of 40 C.F.R. Parts 264 and 265 for examples.)

"Independent qualified registered professional engineer" means a

person who is licensed by the state of Washington, or a state which

has reciprocity with the state of Washington as defined in RCW

18.43.100, and who is not an employee of the owner or operator of the

facility for which construction or modification certification is re-

quired. A qualified professional engineer is an engineer with exper-

tise in the specific area for which a certification is given.

"Industrial-furnace" means any of the following enclosed devices

that are integral components of manufacturing processes and that use

thermal treatment to accomplish recovery of materials or energy: Ce-

ment kilns; lime kilns; aggregate kilns; phosphate kilns; blast fur-

naces; smelting, melting, and refining furnaces (including pyrometal-

lurgical devices such as cupolas, reverberator furnaces, sintering ma-

chines, roasters and foundry furnaces); titanium dioxide chloride pro-

cess oxidation reactors; coke ovens; methane reforming furnaces; com-

bustion devices used in the recovery of sulfur values from spent sul-

furic acid; pulping liquor recovery furnaces; combustion devices used

in the recovery of sulfur values from spent sulfuric acid; and halogen

acid furnaces (HAFs) for the production of acid from halogenated dan-

gerous waste generated by chemical production facilities where the

furnace is located on the site of a chemical production facility, the

acid product has a halogen acid content of at least 3%, the acid prod-

uct is used in a manufacturing process, and, except for dangerous

waste burned as fuel, dangerous waste fed to the furnace has a minimum

halogen content of 20% as-generated. The department may decide to add


devices to this list on the basis of one or more of the following fac-

tors:

The device is designed and used primarily to accomplish recovery

of material products;

The device burns or reduces secondary materials as ingredients in

an industrial process to make a material product;

The device burns or reduces secondary materials as effective sub-

stitutes for raw materials in processes using raw materials as princi-

pal feedstocks;

The device burns or reduces raw materials to make a material

product;

The device is in common industrial use to produce a material

product; and

Other factors, as appropriate.

"Infrared incinerator" means any enclosed device that uses elec-

tric powered resistance heaters as a source of radiant heat followed

by an afterburner using controlled flame combustion and which is not

listed as an industrial furnace.

"Inground tank" means a device meeting the definition of "tank"

in this section whereby a portion of the tank wall is situated to any

degree within the ground, thereby preventing visual inspection of that

external surface area of the tank that is in the ground.

"Inhalation Rat LC50" means a concentration in milligrams of sub-

stance per liter of air (mg/L) which, when administered to the respir-

atory tract for one hour or more, kills within fourteen days half or

more of a group of ten rats each weighing between 200 and 300 grams.

"Inner liner" means a continuous layer of material placed inside

a tank or container which protects the construction materials of the

tank or container from the waste or reagents used to treat the waste.

"Installation inspector" means a person who, by reason of his

knowledge of the physical sciences and the principles of engineering,

acquired by a professional education and related practical experience,

is qualified to supervise the installation of tank systems.


"Interim status permit" means a temporary permit given to TSD fa-

cilities which qualify under WAC 173-303-805.

"Knowledge" means sufficient information about a waste to relia-

bly substitute for direct testing of the waste. To be sufficient and

reliable, the "knowledge" used must provide information necessary to

manage the waste in accordance with the requirements of this chapter.

Note: "Knowledge" may be used by itself or in combination with testing to designate a waste pursuant to WAC 173-303-070 (3)(c), or to obtain a

detailed chemical, physical, and/or biological analysis of a waste as required in WAC 173-303-300(2).

"Lamp," also referred to as "universal waste lamp" means any type

of high or low pressure bulb or tube portion of an electric lighting

device that generates light through the discharge of electricity ei-

ther directly or indirectly as radiant energy. Universal waste lamps

include, but are not limited to, fluorescent, mercury vapor, metal

halide, high-pressure sodium and neon. As a reference, it may be as-

sumed that four, four-foot, one-inch diameter unbroken fluorescent

tubes are equal to 2.2 pounds in weight.

"Land disposal" means placement in or on the land, except in a

corrective action management unit or staging pile, and includes, but

is not limited to, placement in a landfill, surface impoundment, waste

pile, injection well, land treatment facility, salt dome formation,

salt bed formation, underground mine or cave, or placement in a con-

crete vault, or bunker intended for disposal purposes.

"Landfill" means a disposal facility, or part of a facility,

where dangerous waste is placed in or on land and which is not a pile,

a land treatment facility, a surface impoundment, or an underground

injection well, a salt dome formation, a salt bed formation, an under-

ground mine, a cave, or a corrective action management unit.

"Land treatment" means the practice of applying dangerous waste

onto or incorporating dangerous waste into the soil surface so that it

will degrade or decompose. If the waste will remain after the facility

is closed, this practice is disposal.

"Large quantity handler of universal waste" means a universal

waste handler (as defined in this section) who accumulates 11,000

pounds or more total of universal waste (batteries, mercury-containing


equipment, and lamps calculated collectively) or who accumulates more

than 2,200 pounds of lamps at any time. This designation as a large

quantity handler of universal waste is retained through the end of the

calendar year in which 11,000 pounds or more total of universal waste

and/or 2,200 pounds of lamps is accumulated.

"Leachable inorganic waste" means solid dangerous waste (that is,

passes the Paint Filter Test Method 9095B as described in "Test Meth-

ods for Evaluating Solid Wastes, Physical/Chemical Methods" EPA Publi-

cation SW-846 as incorporated by reference in WAC 173-303-110 (3)(a))

that is not an organic/carbonaceous waste and exhibits the toxicity

characteristic (dangerous waste numbers D004 to D011, only) under WAC

173-303-090(8).

"Leachate" means any liquid, including any components suspended

in the liquid, that has percolated through or drained from dangerous

waste.

"Leak-detection system" means a system capable of detecting the

failure of either the primary or secondary containment structure or

the presence of a release of dangerous waste or accumulated liquid in

the secondary containment structure. Such a system must employ opera-

tional controls (e.g., daily visual inspections for releases into the

secondary containment system of aboveground tanks) or consist of an

interstitial monitoring device designed to detect continuously and au-

tomatically the failure of the primary or secondary containment struc-

ture or the presence of a release of dangerous waste into the second-

ary containment structure.

"Legal defense costs" means any expenses that an insurer incurs

in defending against claims of third parties brought under the terms

and conditions of an insurance policy.

"Liner" means a continuous layer of man-made or natural materials

which restrict the escape of dangerous waste, dangerous waste constit-

uents, or leachate through the sides, bottom, or berms of a surface

impoundment, waste pile, or landfill.

"Major facility" means a facility or activity classified by the

department as major.


"Manifest" means the shipping document EPA Form 8700-22 (includ-

ing, if necessary, EPA Form 8700-22A, originated and signed by the

generator or offeror in accordance with the requirements of WAC 173-

303-180 (Manifest), and the applicable requirements of WAC 173-303-170

through 173-303-692.

"Manifest tracking number" means the alphanumeric identification

number (a unique three letter suffix preceded by nine numerical dig-

its), that is preprinted in Item 4 of the Manifest by a registered

source.

"Manufacturing process unit" means a unit which is an integral

and inseparable portion of a manufacturing operation, processing a raw

material into a manufacturing intermediate or finished product, re-

claiming spent materials or reconditioning components.

"Marine terminal operator" means a person engaged in the business

of furnishing wharfage, dock, pier, warehouse, covered and/or open

storage spaces, cranes, forklifts, bulk loading and/or unloading

structures and landings in connection with a highway or rail carrier

and a water carrier. A marine terminal operator includes, but is not

limited to, terminals owned by states and their political subdivi-

sions; railroads who perform port terminal services not covered by

their line haul rates; common carriers who perform port terminal ser-

vices; and warehousemen and stevedores who operate port terminal fa-

cilities.

"Mercury-containing equipment" means a device or part of a device

(including thermostats, but excluding batteries and lamps) that con-

tains elemental mercury integral to its function. Examples of mercury-

containing equipment include thermostats, thermometers, manometers,

and electrical switches.

"Micronutrient fertilizer" means a produced or imported commer-

cial fertilizer that contains commercially valuable concentrations of

micronutrients but does not contain commercially valuable concentra-

tions of nitrogen, phosphoric acid, available phosphorous, potash,

calcium, magnesium, or sulfur. Micronutrients are boron, chlorine, co-

balt, copper, iron, manganese, molybdenum, sodium, and zinc.


"Military" means the Department of Defense (DOD), the Armed Ser-

vices, Coast Guard, National Guard, Department of Energy (DOE), or

other parties under contract or acting as an agent for the foregoing,

who handle military munitions.

"Military munitions" means all ammunition products and components

produced or used by or for the U.S. Department of Defense or the U.S.

Armed Services for national defense and security, including military

munitions under the control of the Department of Defense, the U.S.

Coast Guard, the U.S. Department of Energy (DOE), and National Guard

personnel. The term military munitions includes: Confined gaseous,

liquid, and solid propellants, explosives, pyrotechnics, chemical and

riot control agents, smokes, and incendiaries used by DOD components,

including bulk explosives and chemical warfare agents, chemical muni-

tions, rockets, guided and ballistic missiles, bombs, warheads, mortar

rounds, artillery ammunition, small arms ammunition, grenades, mines,

torpedoes, depth charges, cluster munitions and dispensers, demolition

charges, and devices and components thereof. Military munitions do not

include wholly inert items, improvised explosive devices, and nuclear

weapons, nuclear devices, and nuclear components thereof. However, the

term does include nonnuclear components of nuclear devices, managed

under DOE's nuclear weapons program after all required sanitization

operations under the Atomic Energy Act of 1954, as amended, have been

completed.

"Military range" means designated land and water areas set aside,

managed, and used to conduct research on, develop, test, and evaluate

military munitions and explosives, other ordnance, or weapon systems,

or to train military personnel in their use and handling. Ranges in-

clude firing lines and positions, maneuver areas, firing lanes, test

pads, detonation pads, impact areas, and buffer zones with restricted

access and exclusionary areas.

"Miscellaneous unit" means a dangerous waste management unit

where dangerous waste is treated, stored, or disposed of and that is

not a container, tank, surface impoundment, pile, land treatment unit,

landfill, incinerator, boiler, industrial furnace, underground injec-


tion well with appropriate technical standards under 40 C.F.R. Part

146, containment building, corrective action management unit, tempo-

rary unit, staging pile, or unit eligible for a research, development,

and demonstration permit under WAC 173-303-809.

"Mixed waste" means a dangerous, extremely hazardous, or acutely

hazardous waste that contains both a nonradioactive hazardous compo-

nent and, as defined by 10 C.F.R. 20.1003, source, special nuclear, or

by-product material subject to the Atomic Energy Act of 1954 (42

U.S.C. 2011 et seq.).

"New tank system" or "new tank component" means a tank system or

component that will be used for the storage or treatment of dangerous

waste and for which installation has commenced after February 3, 1989;

except, however, for purposes of WAC 173-303-640 (4)(g)(ii) and 40

C.F.R. 265.193 (g)(2) as adopted by reference in WAC 173-303-400(3), a

new tank system is one for which construction commences after February

3, 1989. (See also "existing tank system.")

"New TSD facility" means a facility which began operation or for

which construction commenced after November 19, 1980, for wastes des-

ignated by 40 C.F.R. Part 261, or August 9, 1982, for wastes designat-

ed only by this chapter and not designated by 40 C.F.R. Part 261.

"NIOSH registry" means the registry of toxic effects of chemical

substances which is published by the National Institute for Occupa-

tional Safety and Health.

”No free liquids” as used in WAC 173-303-071(3)(qq) and 173-303-

071(3)(rr), means that solvent-contaminated wipes may not contain free

liquids as determined by Method 9095B (Paint Filter Liquids Test), in-

cluded in “Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods” (EPA Publication SW-846), which is incorporated by reference,

and that there is no free liquid in the container holding the wipes.

"Nonsudden accident" or "nonsudden accidental occurrence" means

an unforeseen and unexpected occurrence which takes place over time

and involves continuous or repeated exposure.

"Occurrence" means an accident, including continuous or repeated

exposure to conditions, which results in bodily injury or property


damage which the owner or operator neither expected nor intended to

occur.

"Off-specification used oil fuel" means used oil fuel that ex-

ceeds any specification level described in Table 1 in WAC 173-303-515.

"Onground tank" means a device meeting the definition of "tank"

in this section and that is situated in such a way that the bottom of

the tank is on the same level as the adjacent surrounding surface so

that the external tank bottom cannot be visually inspected.

"On-site" means the same or geographically contiguous property

which may be divided by public or private right of way, provided that

the entrance and exit between the properties is at a cross-roads in-

tersection, and access is by crossing as opposed to going along the

right of way. Noncontiguous properties owned by the same person but

connected by a right of way which they control and to which the public

does not have access, are also considered on-site property.

"Operator" means the person responsible for the overall operation

of a facility. (See also "state operator.")

"Oral Rat LD50" means the single dosage in milligrams per kilogram

(mg/kg) body weight, when orally administered, which, within fourteen

days, kills half a group of ten or more white rats each weighing be-

tween 200 and 300 grams.

"Organic/carbonaceous waste" means a dangerous waste that con-

tains combined concentrations of greater than ten percent organ-

ic/carbonaceous constituents in the waste; organic/carbonaceous con-

stituents are those substances that contain carbon-hydrogen, carbon-

halogen, or carbon-carbon chemical bonding.

"Partial closure" means the closure of a dangerous waste manage-

ment unit in accordance with the applicable closure requirements of

WAC 173-303-400 and 173-303-600 through 173-303-695 at a facility that

contains other active dangerous waste management units. For example,

partial closure may include the closure of a tank (including its asso-

ciated piping and underlying containment systems), landfill cell, sur-

face impoundment, waste pile, or other dangerous waste management

unit, while other units of the same facility continue to operate.


"Permit" means an authorization which allows a person to perform

dangerous waste transfer, storage, treatment, or disposal operations,

and which typically will include specific conditions for such facility

operations. Permits must be issued by one of the following:

The department, pursuant to this chapter;

United States EPA, pursuant to 40 C.F.R. Part 270; or

Another state authorized by EPA, pursuant to 40 C.F.R. Part 271.

"Permit-by-rule" means a provision of this chapter stating that a

facility or activity is deemed to have a dangerous waste permit if it

meets the requirements of the provision.

"Persistence" means the quality of a material that retains more

than half of its initial activity after one year (365 days) in either

a dark anaerobic or dark aerobic environment at ambient conditions.

Persistent compounds are either halogenated organic compounds (HOC) or

polycyclic aromatic hydrocarbons (PAH) as defined in this section.

"Person" means an individual, trust, firm, joint stock company,

federal agency, corporation (including a government corporation),

partnership, association, state, municipality, commission, political

subdivision of a state, or any interstate body.

"Personnel or facility personnel" means all persons who work at,

or oversee the operations of, a dangerous waste facility, and whose

actions or failure to act may result in noncompliance with the re-

quirements of WAC 173-303-400 or 173-303-280 through 173-303-395 and

173-303-600 through 173-303-695.

"Pesticide" means but is not limited to: Any substance or mixture

of substances intended to prevent, destroy, control, repel, or miti-

gate any insect, rodent, nematode, mollusk, fungus, weed, and any oth-

er form of plant or animal life, or virus (except virus on or in liv-

ing man or other animal) which is normally considered to be a pest or

which the department of agriculture may declare to be a pest; any sub-

stance or mixture of substances intended to be used as a plant regula-

tor, defoliant, or desiccant; any substance or mixture of substances

intended to be used as spray adjuvant; and, any other substance in-

tended for such use as may be named by the department of agriculture


by regulation. Herbicides, fungicides, insecticides, and rodenticides

are pesticides for the purposes of this chapter.

"Pile" means any noncontainerized accumulation of solid, nonflow-

ing dangerous waste that is used for treatment or storage.

"Plasma arc incinerator" means any enclosed device using a high

intensity electrical discharge or arc as a source of heat followed by

an afterburner using controlled flame combustion and which is not

listed as an industrial furnace.

"Point source" means any confined and discrete conveyance from

which pollutants are or may be discharged. This term includes, but is

not limited to, pipes, ditches, channels, tunnels, wells, cracks, con-

tainers, rolling stock, concentrated animal feeding operations, or wa-

tercraft, but does not include return flows from irrigated agricul-

ture.

"Polycyclic aromatic hydrocarbons" (PAH) means those hydrocarbon

molecules composed of two or more fused benzene rings. For purposes of

this chapter, the PAHs of concern for designation are: Acenaphthene,

acenaphthylene, fluorene, anthracene, fluoranthene, phenanthrene, ben-

zo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, pyrene,

chrysene, benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-

c,d)pyrene, benzo(g,h,i)perylene, dibenzo [(a,e), (a,h), (a,i), and

(a,1)] pyrenes, and dibenzo(a,j) acridine.

"Post-closure" means the requirements placed upon disposal facil-

ities (e.g., landfills, impoundments closed as disposal facilities,

etc.) after closure to ensure their environmental safety for a number

of years after closure. (See also "closure.")

"Processed scrap metal" is scrap metal that has been manually or

physically altered to either separate it into distinct materials to

enhance economic value or to improve the handling of materials. Pro-

cessed scrap metal includes, but is not limited to, scrap metal which

has been baled, shredded, sheared, chopped, crushed, flattened, cut,

melted, or separated by metal type (that is, sorted), and fines,

drosses and related materials that have been agglomerated. Note:

Shredded circuit boards being sent for recycling are not considered


processed scrap metal. They are covered under the exclusion from the

definition of solid waste for shredded circuit boards being recycled

(WAC 173-303-071 (3)(gg)).

"Prompt scrap metal" is scrap metal as generated by the metal

working/fabrication industries and includes such scrap metal as turn-

ings, cuttings, punchings, and borings. Prompt scrap is also known as

industrial or new scrap metal.

"Publicly owned treatment works" or "POTW" means any device or

system, owned by the state or a municipality, which is used in the

treatment, recycling, or reclamation of municipal sewage or liquid in-

dustrial wastes. This term includes sewers, pipes, or other conveyanc-

es only if they convey wastewater to a POTW.

"Qualified groundwater scientist" means a scientist or engineer

who has received a baccalaureate or post-graduate degree in the natu-

ral sciences or engineering, and has sufficient training and experi-

ence in groundwater hydrology and related fields to make sound profes-

sional judgments regarding groundwater monitoring and contaminant fate

and transport. Sufficient training and experience may be demonstrated

by state registration, professional certifications, or completion of

accredited university courses.

"Reactive waste" means a dangerous waste that exhibits the char-

acteristic of reactivity described in WAC 173-303-090(7).

"Reclaim" means to process a material in order to recover useable

products, or to regenerate the material. Reclamation is the process of

reclaiming.

"Recover" means extract a useable material from a solid or dan-

gerous waste through a physical, chemical, biological, or thermal pro-

cess. Recovery is the process of recovering.

"Recycle" means to use, reuse, or reclaim a material.

"Recycling unit" is a contiguous area of land, structures and

equipment where materials designated as dangerous waste or used oil

are placed or processed in order to recover useable products or regen-

erate the original materials. For the purposes of this definition,

"placement" does not mean "storage" when conducted within the provi-


sions of WAC 173-303-120(4). A container, tank, or processing equip-

ment alone does not constitute a unit; the unit includes containers,

tanks or other processing equipment, their ancillary equipment and

secondary containment system, and the land upon which they are placed.

"Registration number" means the number assigned by the department

of ecology to a transporter who owns or leases and operates a ten-day

transfer facility within Washington state.

"Regulated unit" means any new or existing surface impoundment,

landfill, land treatment area or waste pile that receives any danger-

ous waste after:

July 26, 1982, for wastes regulated by 40 C.F.R. Part 261;

October 31, 1984 for wastes designated only by this chapter and

not regulated by 40 C.F.R. Part 261; or

The date six months after a waste is newly identified by amend-

ments to 40 C.F.R. Part 261 or this chapter which cause the waste to

be regulated.

"Release" means any intentional or unintentional spilling, leak-

ing, pouring, emitting, emptying, discharging, injecting, pumping, es-

caping, leaching, dumping, or disposing of dangerous wastes, or dan-

gerous constituents as defined at WAC 173-303-64610(4), into the envi-

ronment and includes the abandonment or discarding of barrels, con-

tainers, and other receptacles containing dangerous wastes or danger-

ous constituents and includes the definition of release at RCW

70.105D.020(32).

"Remediation waste" means all solid and dangerous wastes, and all

media (including groundwater, surface water, soils, and sediments) and

debris, that are managed for implementing cleanup.

"Replacement unit" means a landfill, surface impoundment, or

waste pile unit from which all or substantially all of the waste is

removed, and that is subsequently reused to treat, store, or dispose

of dangerous waste. "Replacement unit" does not apply to a unit from

which waste is removed during closure, if the subsequent reuse solely

involves the disposal of waste from that unit and other closing units


or corrective action areas at the facility, in accordance with an ap-

proved closure plan or EPA or state approved corrective action.

"Representative sample" means a sample which can be expected to

exhibit the average properties of the sample source.

"Reuse or use" means to employ a material either:

As an ingredient (including use as an intermediate) in an indus-

trial process to make a product (for example, distillation bottoms

from one process used as feedstock in another process). However, a ma-

terial will not satisfy this condition if distinct components of the

material are recovered as separate end products (as when metals are

recovered from metal-containing secondary materials); or

In a particular function or application as an effective substi-

tute for a commercial product (for example, spent pickle liquor used

as phosphorous precipitant and sludge conditioner in wastewater treat-

ment).

"Runoff" means any rainwater, leachate, or other liquid which

drains over land from any part of a facility.

"Run-on" means any rainwater, leachate, or other liquid which

drains over land onto any part of a facility.

"Satellite accumulation area" means a location at or near any

point of generation where hazardous waste is initially accumulated in

containers (during routine operations) prior to consolidation at a

designated ninety-day accumulation area or storage area. The area must

be under the control of the operator of the process generating the

waste or secured at all times to prevent improper additions of wastes

into the satellite containers.

"Schedule of compliance" means a schedule of remedial measures in

a permit including an enforceable sequence of interim requirements

leading to compliance with this chapter.

"Scrap metal" means bits and pieces of metal parts (e.g., bars,

turnings, rods, sheets, wire) or metal pieces that may be combined to-

gether with bolts or soldering (e.g., radiators, scrap automobiles,

railroad box cars), which when worn or superfluous can be recycled.


"Sludge" means any solid, semisolid, or liquid waste generated

from a municipal, commercial, or industrial wastewater treatment

plant, water supply treatment plant, or air pollution control facili-

ty. This term does not include the treated effluent from a wastewater

treatment plant.

"Sludge dryer" means any enclosed thermal treatment device that

is used to dehydrate sludge and that has a maximum total thermal in-

put, excluding the heating value of the sludge itself, of 2,500 Btu/lb

of sludge treated on a wet-weight basis.

"Small quantity handler of universal waste" means a universal

waste handler (as defined in this section) who does not accumulate

11,000 pounds or more total of universal waste (batteries, mercury-

containing equipment, and lamps, calculated collectively) and/or who

does not accumulate more than 2,200 pounds of lamps at any time.

"Solid acid waste" means a dangerous waste that exhibits the

characteristic of low pH under the corrosivity tests of WAC 173-303-

090 (6)(a)(iii).

"Solid waste management unit" or "SWMU" means any discernible lo-

cation at a facility, as defined for the purposes of corrective ac-

tion, where solid wastes have been placed at any time, irrespective of

whether the location was intended for the management of solid or dan-

gerous waste. Such locations include any area at a facility at which

solid wastes, including spills, have been routinely and systematically

released. Such units include regulated units as defined by chapter

173-303 WAC.

“Solvent-contaminated wipe” means:

(i) A wipe that, after use or after cleaning up a spill, either:

(A) Contains one or more of the F001 through F005 solvents listed in

WAC 173-303-082 or the corresponding P- or U- listed solvents found in

WAC 173-303-081;

(B) Exhibits a dangerous waste characteristic found in WAC 173-303-090

when that characteristic results from a solvent listed in WAC 173-303-

080;

(C) Exhibits only the dangerous waste characteristic of ignitability

found in WAC 173-303-090(5) due to the presence of one or more sol-

vents that are not listed in WAC 173-303-080; or


(D) Designates only for dangerous waste criteria found in WAC 173-303-

100 and is not designated by 40 C.F.R. Part 261

(ii) Solvent-contaminated wipes that contain listed dangerous

waste other than solvents, or exhibit the characteristic of toxicity,

corrosivity, or reactivity due to contaminants other than solvents,

are not eligible for the exclusions at WAC 173-303-071(3)(qq) and 173-

303-071(rr).

"Sorbent" means a material that is used to soak up free liquids

by either adsorption or absorption, or both. Sorb means to either ad-

sorb or absorb, or both.

"Special incinerator ash" means ash residues resulting from the

operation of incineration or energy recovery facilities managing mu-

nicipal solid waste from residential, commercial and industrial estab-

lishments, if the ash residues are designated as dangerous waste only

by this chapter and not designated as hazardous waste by 40 C.F.R.

Part 261.

"Special waste" means any state-only dangerous waste that is sol-

id only (nonliquid, nonaqueous, nongaseous), that is: Corrosive waste

(WAC 173-303-090 (6)(b)(ii)), toxic waste that has Category D toxicity

(WAC 173-303-100(5)), PCB waste (WAC 173-303-9904 under State

Sources), or persistent waste that is not EHW (WAC 173-303-100(6)).

Any solid waste that is regulated by the United States EPA as hazard-

ous waste cannot be a special waste.

"Spent material" means any material that has been used and as a

result of contamination can no longer serve the purpose for which it

was produced without processing.

"Stabilization" and "solidification" means a technique that lim-

its the solubility and mobility of dangerous waste constituents. So-

lidification immobilizes a waste through physical means and stabiliza-

tion immobilizes the waste by bonding or chemically reacting with the

stabilizing material.

"Staging pile" means an accumulation of solid, nonflowing, reme-

diation waste that is not a containment building or a corrective ac-

tion management unit and that is used for temporary storage of remedi-

ation waste for implementing corrective action under WAC 173-303-646


or other clean up activities. Staging piles must be designated by the

department according to the requirements of WAC 173-303-64690.

"State-only dangerous waste" means a waste designated only by

this chapter, chapter 173-303 WAC, and is not regulated as a hazardous

waste under 40 C.F.R. Part 261.

"State operator" means the person responsible for the overall op-

eration of the state's extremely hazardous waste facility on the Han-

ford Reservation.

"Storage" means the holding of dangerous waste for a temporary

period. "Accumulation" of dangerous waste, by the generator on the

site of generation, is not storage as long as the generator complies

with the applicable requirements of WAC 173-303-200 and 173-303-201.

"Sudden accident" means an unforeseen and unexpected occurrence

which is not continuous or repeated in nature.

"Sump" means any pit or reservoir that meets the definition of

tank and those troughs/trenches connected to it that serves to collect

dangerous waste for transport to dangerous waste storage, treatment,

or disposal facilities; except that as used in the landfill, surface

impoundment, and waste pile rules, "sump" means any lined pit or res-

ervoir that serves to collect liquids drained from a leachate collec-

tion and removal system or leak detection system for subsequent remov-

al from the system.

"Surface impoundment" means a facility or part of a facility

which is a natural topographic depression, man-made excavation, or

diked area formed primarily of earthen materials (although it may be

lined with man-made materials), and which is designed to hold an accu-

mulation of liquid wastes or wastes containing free liquids. The term

includes holding, storage, settling, and aeration pits, ponds, or la-

goons, but does not include injection wells.

"Tank" means a stationary device designed to contain an accumula-

tion of dangerous waste, and which is constructed primarily of non-

earthen materials to provide structural support.

"Tank system" means a dangerous waste storage or treatment tank

and its associated ancillary equipment and containment system.


"Temporary unit" means a tank or container that is not an accumu-

lation unit under WAC 173-303-200 and that is used for temporary

treatment or storage of remediation waste for implementing corrective

action under WAC 173-303-646 or other clean up activities.

"TEQ" means toxicity equivalence, the international method of re-

lating the toxicity of various dioxin/furan congeners to the toxicity

of 2,3,7,8-tetrachlorodibenzo-p-dioxin.

"Thermal treatment" means the treatment of dangerous waste in a

device which uses elevated temperatures as the primary means to change

the chemical, physical, or biological character or composition of the

dangerous waste. Examples of thermal treatment processes are incinera-

tion, molten salt, pyrolysis, calcination, wet air oxidation, and mi-

crowave discharge.

"Thermostat" means a temperature control device that contains me-

tallic mercury in an ampule attached to a bimetal sensing element, and

mercury-containing ampules that have been removed from these tempera-

ture control devices in compliance with the requirements of WAC 173-

303-573 (9)(b)(ii) or (20)(b)(ii).

"TLm96" means the same as "Aquatic LC50."

"Totally enclosed treatment facility" means a facility for treat-

ing dangerous waste which is directly connected to a production pro-

cess and which prevents the release of dangerous waste or dangerous

waste constituents into the environment during treatment.

"Toxic" means having the properties to cause or to significantly

contribute to death, injury, or illness of man or wildlife.

"Transfer facility" means any transportation related facility in-

cluding loading docks, parking areas, storage areas, buildings, piers,

and other similar areas where shipments of dangerous waste or hazard-

ous secondary materials are held, consolidated, or transferred within

a period of ten days or less during the normal course of transporta-

tion.

"Transport vehicle" means a motor vehicle, water vessel, or rail

car used for the transportation of cargo by any mode. Each cargo-


carrying body (trailer, railroad freight car, steamship, etc.) is a

separate transport vehicle.

"Transportation" means the movement of dangerous waste by air,

rail, highway, or water.

"Transporter" means a person engaged in the off-site transporta-

tion of dangerous waste.

"Travel time" means the period of time necessary for a dangerous

waste constituent released to the soil (either by accident or intent)

to enter any on-site or off-site aquifer or water supply system.

"Treatability study" means a study in which a dangerous waste is

subjected to a treatment process to determine: Whether the waste is

amenable to the treatment process; what pretreatment (if any) is re-

quired; the optimal process conditions needed to achieve the desired

treatment; the efficiency of a treatment process for a specific waste

or wastes; or the characteristics and volumes of residuals from a par-

ticular treatment process. Also included in this definition for the

purpose of the exemptions contained in WAC 173-303-071 (3)(r) and (s),

are liner compatibility, corrosion, and other material compatibility

studies and toxicological and health effects studies. A "treatability

study" is not a means to commercially treat or dispose of dangerous

waste.

"Treatment" means the physical, chemical, or biological pro-

cessing of dangerous waste to make such wastes nondangerous or less

dangerous, safer for transport, amenable for energy or material re-

source recovery, amenable for storage, or reduced in volume, with the

exception of compacting, repackaging, and sorting as allowed under WAC

173-303-400(2) and 173-303-600(3).

"Treatment zone" means a soil area of the unsaturated zone of a

land treatment unit within which dangerous wastes are degraded, trans-

formed or immobilized.

"Triple rinsing" means the cleaning of containers in accordance

with the requirements of WAC 173-303-160 (2)(b), containers.

"Underground injection" means the subsurface emplacement of flu-

ids through a bored, drilled, or driven well, or through a dug well,


where the depth of the dug well is greater than the largest surface

dimension.

"Underground source of drinking water" (USDW) means an aquifer or

its portion:

• Which supplies any public water system or contains a sufficient

quantity of groundwater to supply a public water system; and currently

supplies drinking water for human consumption or contains fewer than

10,000 mg/l total dissolved solids; and

• Which is not an exempted aquifer.

"USDW" means underground source of drinking water.

"Underground tank" means a device meeting the definition of

"tank" in this section whose entire surface area is totally below the

surface of and covered by the ground.

"Unexploded ordnance (UXO)" means military munitions that have

been primed, fused, armed, or otherwise prepared for action, and have

been fired, dropped, launched, projected, or placed in such a manner

as to constitute a hazard to operations, installation, personnel, or

material and remain unexploded either by malfunction, design, or any

other cause.

"Unfit-for-use tank system" means a tank system that has been de-

termined through an integrity assessment or other inspection to be no

longer capable of storing or treating dangerous waste without posing a

threat of release of dangerous waste to the environment.

"Universal waste" means any of the following dangerous wastes

that are subject to the universal waste requirements of WAC 173-303-

573:

Batteries as described in WAC 173-303-573(2);

Mercury-containing equipment as described in WAC 173-303-573(3);

and

Lamps as described in WAC 173-303-573(5).

"Universal waste handler":

Means:

A generator (as defined in this section) of universal waste; or


The owner or operator of a facility, including all contiguous

property, that receives universal waste from other universal waste

handlers, accumulates universal waste, and sends universal waste to

another universal waste handler, to a destination facility, or to a

foreign destination.

Does not mean:

A person who treats (except under the provisions of WAC 173-303-

573 (9)(a), (b), or (c) or (20)(a), (b), or (c)) disposes of, or recy-

cles universal waste; or

A person engaged in the off-site transportation of universal

waste by air, rail, highway, or water, including a universal waste

transfer facility.

"Universal waste transfer facility" means any transportation-

related facility including loading docks, parking areas, storage areas

and other similar areas where shipments of universal waste are held

during the normal course of transportation for ten days or less.

"Universal waste transporter" means a person engaged in the off-

site transportation of universal waste by air, rail, highway, or wa-

ter.

"Unsaturated zone" means the zone between the land surface and

the water table.

"Uppermost aquifer" means the geological formation nearest the

natural ground surface that is capable of yielding groundwater to

wells or springs. It includes lower aquifers that are hydraulically

interconnected with this aquifer within the facility property bounda-

ry.

"Used oil" means any oil that has been refined from crude oil, or

any synthetic oil, that has been used and as a result of such use is

contaminated by physical or chemical impurities.

"Vessel" includes every description of watercraft, used or capa-

ble of being used as a means of transportation on the water.

"Waste-derived fertilizer" means a commercial fertilizer that is

derived in whole or in part from solid waste as defined in chapter

70.95 or 70.105 RCW, or rules adopted thereunder, but does not include


fertilizers derived from biosolids or biosolid products regulated un-

der chapter 70.95J RCW or wastewaters regulated under chapter 90.48

RCW.

"Wastewater treatment unit" means a device that:

Is part of a wastewater treatment facility which is subject to

regulation under either:

Section 402 or section 307(b) of the Federal Clean Water Act; or

Chapter 90.48 RCW, State Water Pollution Control Act, provided

that the waste treated at the facility is a state-only dangerous

waste; and

Handles dangerous waste in the following manner:

Receives and treats or stores an influent wastewater; or

Generates and accumulates or treats or stores a wastewater treat-

ment sludge; and

Meets the definition of tank or tank system in this section.

"Water or rail (bulk shipment)" means the bulk transportation of

dangerous waste which is loaded or carried on board a vessel or rail-

car without containers or labels.

“Wipe” means a woven or non-woven shop towel, rag, pad, or swab

made of wood pulp, fabric, cotton, polyester blends, or other materi-

al.

"Zone of engineering control" means an area under the control of

the owner/operator that, upon detection of a dangerous waste release,

can be readily cleaned up prior to the release of dangerous waste or

dangerous constituents to groundwater or surface water.

Any terms used in this chapter which have not been defined in

this section have either the same meaning as set forth in Title 40

C.F.R. Parts 260, 264, 270, and 124 or else have their standard, tech-

nical meaning.

As used in this chapter, words in the masculine gender also in-

clude the feminine and neuter genders, words in the singular include

the plural, and words in the plural include the singular.




Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-

303-040, filed 6/30/09, effective 7/31/09. Statutory Authority: Chap-

ters 70.95N, 70.105, and 70.105D RCW. WSR 07-21-013 (Order 07-05), §


Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. WSR 04-24-

065 (Order 03-10), § 173-303-040, filed 11/30/04, effective 1/1/05;

WSR 00-11-040 (Order 99-01), § 173-303-040, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 98-

03-018 (Order 97-03), § 173-303-040, filed 1/12/98, effective 2/12/98;


11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-040, filed 12/8/93,




Statutory Authority: Chapter 70.105 RCW. WSR 89-02-059 (Order 88-24),

§ 173-303-040, filed 1/4/89; WSR 87-14-029 (Order DE-87-4), § 173-303-

040, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), § 173-303-040,


4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW.

WSR 82-05-023 (Order DE 81-33), § 173-303-040, filed 2/10/82. Formerly

WAC 173-302-040.]

WAC 173-303-045 References to EPA's hazardous waste and permit

regulations. (1) Any references in this chapter to any parts, sub-

parts, or sections from EPA's hazardous waste regulations, including

40 C.F.R. Parts 260 through 280 and Part 124, are in reference to

those rules as they existed on June 30, 20163. Copies of the appropri-

ate referenced federal requirements are available upon request from

the department.

(2) The following sections and any cross-reference to these sec-

tions are not incorporated or adopted by reference because they are

provisions that EPA cannot delegate to states:

(a) 40 C.F.R. Parts 260.1 (b)(4)-(6).


(b) 40 C.F.R. Parts 264.1 (d) and (f); 265.1 (c)(4); 264.149-150

and 265.149-150; 264.301(l); and 265.430.

(c) 40 C.F.R. Parts 268.5 and 268.6; 268 Subpart B; 268.42(b) and

268.44 (a) through (g).

(d) 40 C.F.R. Parts 270.1 (c)(1)(i); 270.3; 270.60(b); and

270.64.

(e) 40 C.F.R. Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9; 124.10

(a)(1)(iv); 124.12(e); 124.14(d); 124.15 (b)(2); 124.16; 124.17(b);

124.18; 124.19; and 124.21.

(3) The following sections and any cross-references to these ci-

tations are not incorporated or adopted by reference: 40 C.F.R. Parts

260.20-260.22.

(4) Where EPA's regulations are incorporated by reference:

(a) "Regional administrator" means "the department."

(b) "Administrator" means "director."

(c) "Director" means "department."

(d) "40 C.F.R. 260.11" means "WAC 173-303-110(3)."

(e) These substitutions should be made as appropriate. They

should not be made where noted otherwise in this chapter. They should

not be made where another EPA region is referred to, where a provision

cannot be delegated to the state, or where the director referred to is

the director of another agency.





ters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. WSR 04-24-065



02-03), § 173-303-045, filed 3/13/03, effective 4/13/03. Statutory Au-

thority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR






11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-045, filed 12/8/93,






045, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), § 173-303-045,


4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW.

WSR 82-05-023 (Order DE 81-33), § 173-303-045, filed 2/10/82.]

WAC 173-303-070 Designation of dangerous waste. (1) Purpose and

applicability.

(a) This section describes the procedures for determining whether

or not a solid waste is DW or EHW.

(b) The procedures in this section are applicable to any person

who generates a solid waste, as defined in WAC 173-303-016, (including

recyclable materials) that is not exempted or excluded by this chapter

or by the department. Any person who generates a solid waste must de-

termine if that waste is a dangerous waste by following the procedures

set forth in subsection (3) of this section. Any person who determines

by these procedures that their waste is designated DW or EHW is sub-

ject to all applicable requirements of this chapter.

(c) The requirements for the small quantity generator exemption

are found in subsection (8) of this section.

(2)(a) Except as provided at WAC 173-303-070 (2)(c), once a mate-

rial has been determined to be a dangerous waste, then any solid waste

generated from the recycling, treatment, storage, or disposal of that

dangerous waste is a dangerous waste unless and until:

(i) The generator has been able to accurately describe the varia-

bility or uniformity of the waste over time, and has been able to ob-

tain demonstration samples which are representative of the waste's

variability or uniformity; and


(ii)(A) It does not exhibit any of the characteristics of WAC

173-303-090; however, wastes that exhibit a characteristic at the

point of generation may still be subject to the requirements of WAC

173-303-140 (2)(a), even if they no longer exhibit a characteristic at

the point of land disposal; and

(B) If it was a listed waste under WAC 173-303-080 through 173-

303-083, it also has been exempted pursuant to WAC 173-303-910(3); or

(iii) If originally designated only through WAC 173-303-100, it

does not meet any of the criteria of WAC 173-303-100.

Such solid waste will include but not be limited to any sludge,

spill residue, ash emission control dust, leachate, or precipitation

runoff. Precipitation runoff will not be considered a dangerous waste

if it can be shown that the runoff has not been contaminated with the

dangerous waste, or that the runoff is adequately addressed under ex-

isting state laws (e.g. chapter 90.48 RCW), or that the runoff does

not exhibit any of the criteria or characteristics described in WAC

173-303-100.

(b) Materials that are reclaimed from solid wastes and that are

used beneficially (as provided in WAC 173-303-016 and 173-303-017) are

not solid wastes and hence are not dangerous wastes under this section

unless the reclaimed material is burned for energy recovery or used in

a manner constituting disposal.

(c)(i) A dangerous waste that is listed in WAC 173-303-081(1) or

173-303-082(1) solely because it exhibits one or more characteristics

of ignitability as defined under WAC 173-303-090(5), corrosivity as

defined under WAC 173-303-090(6), or reactivity as defined under WAC

173-303-090(7) is not a dangerous waste, if the waste no longer exhib-

its any characteristic of dangerous waste identified in WAC 173-303-

090 or any criteria identified in WAC 173-303-100.

(ii) The exclusion described in (c)(i) of this subsection also

pertains to:

(A) Any solid waste generated from treating, storing, or dispos-

ing of a dangerous waste listed in WAC 173-303-081(1) or 173-303-

082(1) solely because it exhibits the characteristics of ignitability,


corrosivity, or reactivity as regulated under (a) and (b) of this sec-

tion.

(B) Wastes excluded under this section are subject to 40 C.F.R.

Part 268, which is incorporated by reference at WAC 173-303-140 (2)(a)

(as applicable), even if they no longer exhibit a characteristic at

the point of land disposal.

(3) Designation procedures.

(a) To determine whether or not a solid waste is designated as a

dangerous waste a person must:

(i) First, determine if the waste is a listed discarded chemical

product, WAC 173-303-081;

(ii) Second, determine if the waste is a listed dangerous waste

source, WAC 173-303-082;

(iii) Third, if the waste is not listed in WAC 173-303-081 or

173-303-082, or for the purposes of compliance with the federal land

disposal restrictions as adopted by reference in WAC 173-303-140, de-

termine if the waste exhibits any dangerous waste characteristics, WAC

173-303-090; and

(iv) Fourth, if the waste is not listed in WAC 173-303-081 or

173-303-082, and does not exhibit a characteristic in WAC 173-303-090,

determine if the waste meets any dangerous waste criteria, WAC 173-

303-100.

(b) A person must check each section, in the order set forth, un-

til they determine whether the waste is designated as a dangerous

waste. Once the waste is determined to be a dangerous waste, further

designation is not required except as required by subsection (4) or

(5) of this section. If a person has checked the waste against each

section and the waste is not designated, then the waste is not subject

to the requirements of chapter 173-303 WAC.

Any person who wishes to seek an exemption for a waste which has

been designated DW or EHW must comply with the requirements of WAC

173-303-072.


(c) For the purpose of determining if a solid waste is a danger-

ous waste as identified in WAC 173-303-080 through 173-303-100, a per-

son must either:

(i) Test the waste according to the methods, or an approved

equivalent method, set forth in WAC 173-303-110; or

(ii) Apply knowledge of the waste in light of the materials or

the process used, when:

(A) Such knowledge can be demonstrated to be sufficient for de-

termining whether or not it designated and/or designated properly; and

(B) All data and records supporting this determination in accord-

ance with WAC 173-303-210(3) are retained on-site.

(4) Testing required. Notwithstanding any other provisions of

this chapter, the department may require any person to test a waste

according to the methods, or an approved equivalent method, set forth

in WAC 173-303-110 to determine whether or not the waste is designated

under the dangerous waste lists, characteristics, or criteria, WAC

173-303-080 through 173-303-100. Such testing may be required if the

department has reason to believe that the waste would be designated DW

or EHW by the dangerous waste lists, characteristics, or criteria, or

if the department has reason to believe that the waste is designated

improperly (e.g., the waste has been designated DW but should actually

be designated EHW). If a person, pursuant to the requirements of this

subsection, determines that the waste is a dangerous waste or that its

designation must be changed, then they are subject to the applicable

requirements of this chapter 173-303 WAC. The department will base a

requirement to test a waste on evidence that includes, but is not lim-

ited to:

(a) Test information indicating that the person's waste may be DW

or EHW;

(b) Evidence that the person's waste is very similar to another

persons' already designated DW or EHW;

(c) Evidence that the persons' waste has historically been a DW

or EHW;


(d) Evidence or information about a person's manufacturing mate-

rials or processes which indicate that the wastes may be DW or EHW; or

(e) Evidence that the knowledge or test results a person has re-

garding a waste is not sufficient for determining whether or not it

designated and/or designated properly.

(5) Additional designation required. A generator must manage dan-

gerous waste under the most stringent management standards that apply.

The following subsections describe how waste that has been designated

as DW under the dangerous waste lists, WAC 173-303-080 through 173-

303-082, or characteristics, WAC 173-303-090, or in the case of (c) of

this subsection, under the lists, characteristics, or criteria, must

be further designated under the dangerous waste criteria, WAC 173-303-

100. This further designation under the criteria is necessary because

it may change how the waste must be managed. Additional designation is

required when:

(a) The waste is designated as DW with a QEL of 220 pounds and

the generator otherwise qualifies as a small quantity generator. In

this case, a generator must determine if their DW is also designated

as a toxic EHW, WAC 173-303-100, with a QEL of 2.2 pounds; or

(b) The waste is designated as DW and the waste is to be dis-

charged to a POTW operating under WAC 173-303-802(4) (Permits by

rule). In this case, a generator must determine if the waste is also

an EHW under WAC 173-303-100; or

(c) The waste is designated as a state-only DW and the waste is

to be:

(i) Burned for energy recovery, as used oil, under the provisions

of WAC 173-303-515; or

(ii) Land disposed within the state. In this case, a generator

must determine if the waste is also an EHW under WAC 173-303-100.

(6) Dangerous waste numbers. When a person is reporting or keep-

ing records on a dangerous waste, they must use all the dangerous

waste numbers which they know are assignable to the waste from the

dangerous waste lists, characteristics, or criteria. For example, if

the waste is ignitable and contains more than 5 mg/l leachable lead


when tested for the toxicity characteristic, they must use the danger-

ous waste numbers of D001 and D008. This will not be construed as re-

quiring a person to designate their waste beyond those designation re-

quirements set forth in subsections (2), (3), (4), and (5) of this

section.

(7) Quantity exclusion limits; aggregated waste quantities.

(a) Quantity exclusion limits. In each of the designation sec-

tions describing the lists, characteristics, and criteria, quantity

exclusion limits (QEL) are identified. The QEL are used to distinguish

when a dangerous waste is only subject to the small quantity generator

provisions, and when a dangerous waste is subject to the full require-

ments of this chapter. Any solid waste which is not excluded or ex-

empted and which is listed by or exhibits the characteristics or meets

the criteria of this chapter is a dangerous waste. Small quantity gen-

erators who produce dangerous waste below the QEL are subject to the

requirements described in subsection (8) of this section.

(b) Aggregated waste quantities. A person may be generating, ac-

cumulating, or storing more than one kind of dangerous waste. In such

cases, they must consider the aggregate quantity of their wastes when

determining whether or not their waste amounts exceed the specific

limits for waste accumulation or the specific quantity exclusion lim-

its (QEL) for waste generation. Waste quantities must be aggregated

for all wastes with common QELs. Example: If a person generates 100

pounds of an ignitable waste and 130 pounds of a persistent waste,

then both wastes are regulated because their aggregate waste quantity

(230 pounds) exceeds their common QEL of 220 pounds. On the other

hand, if a person generates one pound of a toxic EHW and 218 pounds of

a corrosive waste, their quantities would not be aggregated because

they do not share a common QEL (2.2 pounds and 220 pounds, respective

QELs). (Note: In order to remain a small quantity generator, the total

quantity of dangerous waste generated in one month, all DW and EHW re-

gardless of their QELs, must not equal or exceed 220 pounds. Not more

than 2.2 pounds of a waste with a 2.2 pound QEL may be part of that

total.)


(c) When making the quantity determinations of this subsection

and WAC 173-303-170 through 173-303-230, generators must include all

dangerous wastes they generate, except dangerous waste that:

(i) Is exempt from regulation under WAC 173-303-071; or

(ii) Is recycled under WAC 173-303-120 (2)(a), (3)(c), (e), (h)

or (5); or

(iii) Is managed in accordance with WAC 173-303-802(5) immediate-

ly upon generation only in on-site elementary neutralization units,

wastewater treatment units, or totally enclosed treatment facilities

as defined in WAC 173-303-040; or

(iv) Is recycled, without prior storage or accumulation, only in

an on-site process subject to regulation under WAC 173-303-120 (4)(a);

or

(v) Is spent lead-acid batteries managed under the requirements

of WAC 173-303-120 (3)(f) and 173-303-520; or

(vi) Is universal waste managed under WAC 173-303-077 and 173-

303-573; or

(vii) Is a dangerous waste that is an unused commercial chemical

product (listed in WAC 173-303-9903 or exhibiting one or more charac-

teristics or criteria listed in WAC 173-303-090 or 173-303-100) that

is generated solely as a result of a laboratory clean-out conducted at

an eligible academic entity pursuant to WAC 173-303-235(14). For pur-

poses of this provision, the term eligible academic entity shall have

the meaning as defined in WAC 173-303-235(1).

(viii) Is a dangerous waste pharmaceutical managed under WAC 173-

303-555.

(d) In determining the quantity of dangerous waste generated, a

generator need not include:

(i) Dangerous waste when it is removed from on-site storage; or

(ii) Reserve; or

(iii) Spent materials that are generated, reclaimed, and subse-

quently reused on-site, as long as such spent materials have been

counted once (Note: If after treatment or reclamation a residue is


generated with a different waste code(s), that residue must be count-

ed); or

(iv) The container holding/containing the dangerous waste as de-

scribed under WAC 173-303-160(1).

(8) Small quantity generators.

(a) A person is a small quantity generator and subject to the re-

quirements of this subsection if:

(i) Their waste is dangerous waste under subsection (3) of this

section, and the quantity of waste generated per month (or the aggre-

gated quantity if more than one kind of waste is generated) does not

equal or exceed the quantity exclusion limit (QEL) for such waste (or

wastes) as described in WAC 173-303-070(7); and

(ii) The quantity accumulated or stored does not exceed 2200

pounds for wastes with a 220 pound QEL and 2.2 pounds for waste with a

2.2 pound QEL. (Exception: The accumulation limit for the acute haz-

ardous wastes described in WAC 173-303-081 (2)(iv) and 173-303-082

(2)(b) is 220 lbs); and

(iii) The total quantity of dangerous waste generated in one

month, all DW and EHW regardless of their QELs, does not equal or ex-

ceed 220 pounds. If a person generates any dangerous wastes that ex-

ceed the QEL or accumulates or stores waste that exceeds the accumula-

tion limits, then all dangerous waste generated, accumulated, or

stored by that person is subject to the requirements of this chapter.

A small quantity generator who generates in excess of the quantity ex-

clusion limits or, accumulates, or stores waste in excess of the accu-

mulation limits becomes subject to the full requirements of this chap-

ter and cannot again be a small quantity generator until after all

dangerous waste on-site at the time he or she became fully regulated

have been removed, treated, or disposed.

Example. If a person generates four pounds of an acute hazardous

waste discarded chemical product (QEL is 2.2 pounds) and 200 pounds of

an ignitable waste (QEL is 220 pounds), then both wastes are fully

regulated, and the person is not a small quantity generator for either

waste.


(Comment: If a generator generates acute hazardous waste in a

calendar month in quantities greater than the QELs, all quantities of

that acute hazardous waste are subject to full regulation under this

chapter. "Full regulation" means the regulations applicable to genera-

tors of 2200 pounds or greater of dangerous wastes in a calendar

month.)

(b) Small quantity generators will not be subject to the require-

ments of this chapter if they:

(i) Designate their waste in accordance with WAC 173-303-070; and

(ii) Manage their waste in a way that does not pose a potential

threat to human health or the environment; and

(iii) Either treat or dispose of their dangerous waste in an on-

site facility, or ensure delivery to an off-site facility, either of

which, if located in the United States, is:

(A) Permitted (including permit-by-rule, interim status, or final

status) under WAC 173-303-800 through 173-303-840;

(B) Authorized to manage dangerous waste by another state with a

hazardous waste program approved under 40 C.F.R. Part 271, or by EPA

under 40 C.F.R. Part 270;

(C) Permitted to manage moderate-risk waste under chapter 173-350

WAC (Solid waste handling standards), operated in accordance with

state and local regulations, and consistent with the applicable local

hazardous waste plan that has been approved by the department;

(D) A facility that beneficially uses or reuses, or legitimately

recycles or reclaims the dangerous waste, or that treats the waste

prior to such recycling activities;

(E) Permitted, licensed, or registered to manage municipal solid

waste and, if managed in a municipal solid waste landfill is subject

to 40 C.F.R. Part 258 or chapter 173-351 WAC;

(F) Permitted, licensed, or registered by a state to manage non-

municipal nonhazardous waste and, if managed in a nonmunicipal nonhaz-

ardous waste disposal unit after January 1, 1998, is subject to the

requirements in 40 C.F.R. 257.5 through 257.30;


(G) A publicly owned treatment works (POTW): Provided, That small

quantity generator(s) comply with the provisions of the domestic sew-

age exclusion found in WAC 173-303-071 (3)(a); or

(H) For universal waste managed under WAC 173-303-573, a univer-

sal waste handler or destination facility subject to the requirements

of WAC 173-303-573; and

(iv) Submit an annual report in accordance with WAC 173-303-220

if they have obtained an EPA/state identification number pursuant to

WAC 173-303-060.

(c) If a small quantity generator's wastes are mixed with used

oil, the mixture is subject to WAC 173-303-510 if it is destined to be

burned for energy recovery. Any material produced from such a mixture

by processing, blending, or other treatment is also so regulated if it

is destined to be burned for energy recovery.

(d) If a small quantity generator's used oil is to be recycled by

being burned for energy recovery or re-refined, the used oil is sub-

ject to WAC 173-303-515.

(e) If a healthcare facility that is a small quantity generator

is managing pharmaceutical waste, the generator can remain subject to

this subsection and not WAC 173-303-555, except for 173-303-555(5),

(6) and (8)(a) and (b) in respect to the pharmaceutical waste.

(f) If a healthcare facility that is a small quantity generator

is managing pharmaceutical waste, the generator has the option of com-

plying with WAC 173-303-555 for the management of its dangerous waste

pharmaceuticals, as an alternative to complying with this subsection.

(g) Law enforcement agencies that are small quantity generators

managing dangerous waste pharmaceuticals have the option of complying

with WAC 173-303-555(7) and (9) with respect only to dangerous waste

pharmaceuticals held in their custody.















11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-070, filed 12/8/93,

effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. WSR 93-02-





Chapter 70.105 RCW. WSR 89-02-059 (Order 88-24), § 173-303-070, filed

1/4/89; WSR 87-14-029 (Order DE-87-4), § 173-303-070, filed 6/26/87;

WSR 86-12-057 (Order DE-85-10), § 173-303-070, filed 6/3/86; WSR 84-

14-031 (Order DE 84-22), § 173-303-070, filed 6/27/84. Statutory Au-

thority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE

81-33), § 173-303-070, filed 2/10/82.]

WAC 173-303-071 Excluded categories of waste. (1) Purpose. Cer-

tain categories of waste have been excluded from the requirements of

chapter 173-303 WAC, except for WAC 173-303-050, because they general-

ly are not dangerous waste, are regulated under other state and feder-

al programs, or are recycled in ways which do not threaten public

health or the environment. WAC 173-303-071 describes these excluded

categories of waste.

(2) Excluding wastes. Any persons who generate a common class of

wastes and who seek to categorically exclude such class of wastes from

the requirements of this chapter must comply with the applicable re-

quirements of WAC 173-303-072. No waste class will be excluded if any


of the wastes in the class are regulated as hazardous waste under 40

C.F.R. Part 261.

(3) Exclusions. The following categories of waste are excluded

from the requirements of chapter 173-303 WAC, except for WAC 173-303-

050, 173-303-145, and 173-303-960, and as otherwise specified:

(a)(i) Domestic sewage; and

(ii) Any mixture of domestic sewage and other wastes that passes

through a sewer system to a publicly owned treatment works (POTW) for

treatment provided:

(A) The generator or owner/operator has obtained a state waste

discharge permit issued by the department, a temporary permit obtained

pursuant to RCW 90.48.200, or pretreatment permit (or written dis-

charge authorization) from a local sewage utility delegated pretreat-

ment program responsibilities pursuant to RCW 90.48.165;

(B) The waste discharge is specifically authorized in a state

waste discharge permit, pretreatment permit or written discharge au-

thorization, or in the case of a temporary permit the waste is accu-

rately described in the permit application;

(C) The waste discharge is not prohibited under 40 C.F.R. Part

403.5; and

(D) The waste prior to mixing with domestic sewage must not ex-

hibit dangerous waste characteristics for ignitability, corrosivity,

reactivity, or toxicity as defined in WAC 173-303-090, and must not

meet the dangerous waste criteria for toxic dangerous waste or persis-

tent dangerous waste under WAC 173-303-100, unless the waste is treat-

able in the publicly owned treatment works (POTW) where it will be re-

ceived. This exclusion does not apply to the generation, treatment,

storage, recycling, or other management of dangerous wastes prior to

discharge into the sanitary sewage system;

(b) Industrial wastewater discharges that are point-source dis-

charges subject to regulation under Section 402 of the Clean Water

Act. This exclusion does not apply to the collection, storage, or

treatment of industrial waste-waters prior to discharge, nor to sludg-

es that are generated during industrial wastewater treatment. Owners


or operators of certain wastewater treatment facilities managing dan-

gerous wastes may qualify for a permit-by-rule pursuant to WAC 173-

303-802(5);

(c) Household wastes, including household waste that has been

collected, transported, stored, or disposed. Wastes that are residues

from or are generated by the management of household wastes (e.g.,

leachate, ash from burning of refuse-derived fuel) are not excluded by

this provision. "Household wastes" means any waste material (includ-

ing, but not limited to, garbage, trash, and sanitary wastes in septic

tanks) derived from households (including single and multiple resi-

dences, hotels and motels, bunkhouses, ranger stations, crew quarters,

campgrounds, picnic grounds, and day-use recreation areas). A resource

recovery facility managing municipal solid waste will not be deemed to

be treating, storing, disposing of, or otherwise managing dangerous

wastes for the purposes of regulation under this chapter, if such fa-

cility:

(i) Receives and burns only:

(A) Household waste (from single and multiple dwellings, hotels,

motels, and other residential sources); and

(B) Solid waste from commercial or industrial sources that does

not contain dangerous waste; and

(ii) Such facility does not accept dangerous wastes and the owner

or operator of such facility has established contractual requirements

or other appropriate notification or inspection procedures to assure

that dangerous wastes are not received at or burned in such facility;

(d) Agricultural crops and animal manures which are returned to

the soil as fertilizers;

(e) Asphaltic materials designated only for the presence of PAHs

by WAC 173-303-100(6). For the purposes of this exclusion, asphaltic

materials means materials that have been used for structural and con-

struction purposes (e.g., roads, dikes, paving) that were produced

from mixtures of oil and sand, gravel, ash or similar substances;

(f) Roofing tars and shingles, except that these wastes are not

excluded if mixed with wastes listed in WAC 173-303-081 or 173-303-


082, or if they exhibit any of the characteristics specified in WAC

173-303-090;

(g) Treated wood waste and wood products including:

(i) Arsenical-treated wood that fails the test for the toxicity

characteristic of WAC 173-303-090(8) (dangerous waste numbers D004

through D017 only) or that fails any state criteria, if the waste is

generated by persons who utilize the arsenical-treated wood for the

materials' intended end use. Intended end use means the wood products

must have been used in typical treated wood applications (for example,

fence posts, decking, poles, and timbers).

(ii) Wood treated with other preservatives provided such treated

wood and wood waste (for example, sawdust and shavings) are, within

one hundred eighty days after becoming waste:

(A) Disposed of at a landfill that is permitted in accordance

with chapter 173-350 WAC, Solid waste handling standards, or chapter

173-351 WAC, criteria for municipal solid waste landfills, and provid-

ed that such wood is neither a listed waste under WAC 173-303-9903 and

173-303-9904 nor a TCLP waste under WAC 173-303-090(8); or

(B) Sent to a facility that will legitimately treat or recycle

the treated wood waste, and manage any residue in accordance with that

state's dangerous waste regulations; or

(C) Sent off-site to a permitted TSD facility or placed in an on-

site facility which is permitted by the department under WAC 173-303-

800 through 173-303-845. In addition, creosote-treated wood is exclud-

ed when burned for energy recovery in an industrial furnace or boiler

that has an order of approval issued pursuant to RCW 70.94.152 by

ecology or a local air pollution control authority to burn creosote

treated wood.

(h) Irrigation return flows;

(i) Reserve;

(j) Mining overburden returned to the mining site;

(k) Polychlorinated biphenyl (PCB) wastes:

(i) PCB wastes-containing dielectric fluid and electric equipment

containing such fluid whose disposal is regulated by EPA under 40


C.F.R. 761.60 (Toxic Substances Control Act) and that are dangerous

either because:

(A) They fail the test for toxicity characteristic (WAC 173-303-

090(8), Dangerous waste codes D018 through D043 only); or

(B) Because they are designated only by this chapter and not des-

ignated by 40 C.F.R. Part 261, are exempt from regulation under this

chapter except for WAC 173-303-505 through 173-303-525, 173-303-960,

those sections specified in subsection (3) of this section, and 40

C.F.R. Part 266;

(ii) Wastes that would be designated as dangerous waste under

this chapter solely because they are listed as WPCB under WAC 173-303-

9904 when such wastes are stored and disposed in a manner equivalent

to the requirements of 40 C.F.R. Part 761 Subpart D for PCB concentra-

tions of 50 ppm or greater.

(l) Samples:

(i) Except as provided in (l)(ii) of this subsection, a sample of

solid waste or a sample of water, soil, or air, which is collected for

the sole purpose of testing to determine its characteristics or compo-

sition, is not subject to any requirements of this chapter, when:

(A) The sample is being transported to a lab for testing or being

transported to the sample collector after testing; or

(B) The sample is being stored by the sample collector before

transport, by the laboratory before testing, or by the laboratory af-

ter testing prior to return to the sample collector; or

(C) The sample is being stored temporarily in the laboratory af-

ter testing for a specific purpose (for example, until conclusion of a

court case or enforcement action).

(ii) In order to qualify for the exemptions in (l)(i) of this

subsection, a sample collector shipping samples to a laboratory and a

laboratory returning samples to a sample collector must:

(A) Comply with United States Department of Transportation (DOT),

United States Postal Service (USPS), or any other applicable shipping

requirements; or


(B) Comply with the following requirements if the sample collec-

tor determines that DOT or USPS, or other shipping requirements do not

apply:

(I) Assure that the following information accompanies the sample:

(AA) The sample collector's name, mailing address, and telephone

number;

(BB) The laboratory's name, mailing address, and telephone num-

ber;

(CC) The quantity of the sample;

(DD) The date of shipment;

(EE) A description of the sample; and

(II) Package the sample so that it does not leak, spill, or va-

porize from its packaging.

(iii) This exemption does not apply if the laboratory determines

that the waste is dangerous but the laboratory is no longer meeting

any of the conditions stated in (l)(i) of this subsection;

(m) Reserve;

(n) Dangerous waste generated in a product or raw material stor-

age tank, a product or raw material transport vehicle or vessel, a

product or raw material pipeline, or in a manufacturing process unit

or an associated nonwaste-treatment-manufacturing unit until it exits

the unit in which it was generated. This exclusion does not apply to

surface impoundments, nor does it apply if the dangerous waste remains

in the unit more than ninety days after the unit ceases to be operated

for manufacturing, or for storage or transportation of product or raw

materials;

(o) Waste pickle liquor sludge generated by lime stabilization of

spent pickle liquor from the iron and steel industry (NAICS codes

331111 and 332111), except that these wastes are not excluded if they

exhibit one or more of the dangerous waste criteria (WAC 173-303-100)

or characteristics (WAC 173-303-090);

(p) Wastes from burning any of the materials exempted from regu-

lation by WAC 173-303-120 (2)(a)(vii) and (viii). These wastes are not


excluded if they exhibit one or more of the dangerous waste character-

istics or criteria;

(q) As of January 1, 1987, secondary materials that are reclaimed

and returned to the original process or processes in which they were

generated where they are reused in the production process provided:

(i) Only tank storage is involved, and the entire process through

completion of reclamation is closed by being entirely connected with

pipes or other comparable enclosed means of conveyance;

(ii) Reclamation does not involve controlled flame combustion

(such as occurs in boilers, industrial furnaces, or incinerators);

(iii) The secondary materials are never accumulated in such tanks

for over twelve months without being reclaimed;

(iv) The reclaimed material is not used to produce a fuel, or

used to produce products that are used in a manner constituting dis-

posal; and

(v) A generator complies with the requirements of chapter 173-303

WAC for any residues (e.g., sludges, filters, etc.) produced from the

collection, reclamation, and reuse of the secondary materials.

(r) Treatability study samples.

(i) Except as provided in (r)(ii) of this subsection, persons who

generate or collect samples for the purpose of conducting treatability

studies as defined in WAC 173-303-040 are not subject to the require-

ments of WAC 173-303-180, 173-303-190, and 173-303-200 (1)(a), nor are

such samples included in the quantity determinations of WAC 173-303-

070 (7) and (8) and 173-303-201 when:

(A) The sample is being collected and prepared for transportation

by the generator or sample collector; or

(B) The sample is being accumulated or stored by the generator or

sample collector prior to transportation to a laboratory or testing

facility; or

(C) The sample is being transported to the laboratory or testing

facility for the purpose of conducting a treatability study; or

(D) The sample or waste residue is being transported back to the

original generator from the laboratory or testing facility.


(ii) The exemption in (r)(i) of this subsection is applicable to

samples of dangerous waste being collected and shipped for the purpose

of conducting treatability studies provided that:

(A) The generator or sample collector uses (in "treatability

studies") no more than 10,000 kg of media contaminated with nonacute

dangerous waste, 1000 kg of nonacute dangerous waste other than con-

taminated media, 1 kg of acutely hazardous waste, 2500 kg of media

contaminated with acutely hazardous waste for each process being eval-

uated for each generated waste stream; and

(B) The mass of each sample shipment does not exceed 10,000 kg;

the 10,000 kg quantity may be all media contaminated with nonacute

dangerous waste or may include 2500 kg of media contaminated with

acute hazardous waste, 1000 kg of dangerous waste, and 1 kg of acutely

hazardous waste; and

(C) The sample must be packaged so that it will not leak, spill,

or vaporize from its packaging during shipment and the requirements of

(r)(ii)(C)(I) or (II) of this subsection are met.

(I) The transportation of each sample shipment complies with

United States Department of Transportation (DOT), United States Postal

Service (USPS), or any other applicable shipping requirements; or

(II) If the DOT, USPS, or other shipping requirements do not ap-

ply to the shipment of the sample, the following information must ac-

company the sample:

(AA) The name, mailing address, and telephone number of the orig-

inator of the sample;

(BB) The name, address, and telephone number of the laboratory or

testing facility that will perform the treatability study;

(CC) The quantity of the sample;

(DD) The date of shipment; and

(EE) A description of the sample, including its dangerous waste

number.

(D) The sample is shipped, within ninety days of being generated

or of being taken from a stream of previously generated waste, to a

laboratory or testing facility which is exempt under (s) of this sub-


section or has an appropriate final facility permit or interim status;

and

(E) The generator or sample collector maintains the following

records for a period ending three years after completion of the treat-

ability study:

(I) Copies of the shipping documents;

(II) A copy of the contract with the facility conducting the

treatability study;

(III) Documentation showing:

(AA) The amount of waste shipped under this exemption;

(BB) The name, address, and EPA/state identification number of

the laboratory or testing facility that received the waste;

(CC) The date the shipment was made; and

(DD) Whether or not unused samples and residues were returned to

the generator.

(F) The generator reports the information required under

(r)(ii)(E)(III) of this subsection in its annual report.

(iii) The department may grant requests, on a case-by-case basis,

for up to an additional two years for treatability studies involving

bioremediation. The department may grant requests on a case-by-case

basis for quantity limits in excess of those specified in (r)(ii)(A)

and (B) of this subsection and (s)(iv) of this subsection, for up to

an additional 5000 kg of media contaminated with nonacute dangerous

waste, 500 kg of nonacute dangerous waste, 1 kg of acute hazardous

waste, and 2500 kg of media contaminated with acute hazardous waste or

for up to an additional 10,000 kg of wastes regulated only by this

chapter and not regulated by 40 C.F.R. Part 261, to conduct further

treatability study evaluation:

(A) In response to requests for authorization to ship, store and

conduct treatability studies on additional quantities in advance of

commencing treatability studies. Factors to be considered in reviewing

such requests include the nature of the technology, the type of pro-

cess, (e.g., batch versus continuous), size of the unit undergoing

testing (particularly in relation to scale-up considerations), the


time/quantity of material required to reach steady state operating

conditions, or test design considerations such as mass balance calcu-

lations.

(B) In response to requests for authorization to ship, store, and

conduct treatability studies on additional quantities after initiation

or completion of initial treatability studies, when:

There has been an equipment or mechanical failure during the con-

duct of a treatability study; there is a need to verify the results of

previously conducted treatability study; there is a need to study and

analyze alternative techniques within a previously evaluated treatment

process; or there is a need to do further evaluation of an ongoing

treatability study to determine final specifications for treatment.

(C) The additional quantities and time frames allowed in

(r)(iii)(A) and (B) of this subsection are subject to all the provi-

sions in (r)(i) and (r)(ii)(C) through (F) of this subsection. The

generator or sample collector must apply to the department where the

sample is collected and provide in writing the following information:

(I) The reason the generator or sample collector requires addi-

tional time or quantity of sample for the treatability study evalua-

tion and the additional time or quantity needed;

(II) Documentation accounting for all samples of dangerous waste

from the waste stream which have been sent for or undergone treatabil-

ity studies including the date each previous sample from the waste

stream was shipped, the quantity of each previous shipment, the labor-

atory or testing facility to which it was shipped, what treatability

study processes were conducted on each sample shipped, and the availa-

ble results of each treatability study;

(III) A description of the technical modifications or change in

specifications which will be evaluated and the expected results;

(IV) If such further study is being required due to equipment or

mechanical failure, the applicant must include information regarding

the reason for the failure or breakdown and also include what proce-

dures or equipment improvements have been made to protect against fur-

ther breakdowns; and


(V) Such other information that the department considers neces-

sary.

(s) Samples undergoing treatability studies at laboratories and

testing facilities. Samples undergoing treatability studies and the

laboratory or testing facility conducting such treatability studies

(to the extent such facilities are not otherwise subject to chapter

70.105 RCW) are not subject to the requirements of this chapter, ex-

cept WAC 173-303-050, 173-303-145, and 173-303-960 provided that the

conditions of (s)(i) through (xiii) of this subsection are met. A mo-

bile treatment unit (MTU) may qualify as a testing facility subject to

(s)(i) through (xiii) of this subsection. Where a group of MTUs are

located at the same site, the limitations specified in (s)(i) through

(xiii) of this subsection apply to the entire group of MTUs collec-

tively as if the group were one MTU.

(i) No less than forty-five days before conducting treatability

studies the laboratory or testing facility notifies the department in

writing that it intends to conduct treatability studies under this

subsection.

(ii) The laboratory or testing facility conducting the treatabil-

ity study has an EPA/state identification number.

(iii) No more than a total of 10,000 kg of "as received" media

contaminated with nonacute dangerous waste, 2500 kg of media contami-

nated with acute hazardous waste or 250 kg of other "as received" dan-

gerous waste is subject to initiation of treatment in all treatability

studies in any single day. "As received" waste refers to the waste as

received in the shipment from the generator or sample collector.

(iv) The quantity of "as received" dangerous waste stored at the

facility for the purpose of evaluation in treatability studies does

not exceed 10,000 kg, the total of which can include 10,000 kg of me-

dia contaminated with nonacute dangerous waste, 2500 kg of media con-

taminated with acute hazardous waste, 1000 kg of nonacute dangerous

wastes other than contaminated media, and 1 kg of acutely hazardous

waste. This quantity limitation does not include treatment materials


(including nondangerous solid waste) added to "as received" dangerous

waste.

(v) No more than ninety days have elapsed since the treatability

study for the sample was completed, or no more than one year (two

years for treatability studies involving bioremediation) has elapsed

since the generator or sample collector shipped the sample to the la-

boratory or testing facility, whichever date first occurs. Up to 500

kg of treated material from a particular waste stream from treatabil-

ity studies may be archived for future evaluation up to five years

from the date of initial receipt. Quantities of materials archived are

counted against the total storage limit for the facility.

(vi) The treatability study does not involve the placement of

dangerous waste on the land or open burning of dangerous waste.

(vii) The laboratory or testing facility maintains records for

three years following completion of each study that show compliance

with the treatment rate limits and the storage time and quantity lim-

its. The following specific information must be included for each

treatability study conducted:

(A) The name, address, and EPA/state identification number of the

generator or sample collector of each waste sample;

(B) The date the shipment was received;

(C) The quantity of waste accepted;

(D) The quantity of "as received" waste in storage each day;

(E) The date the treatment study was initiated and the amount of

"as received" waste introduced to treatment each day;

(F) The date the treatability study was concluded;

(G) The date any unused sample or residues generated from the

treatability study were returned to the generator or sample collector

or, if sent to a designated TSD facility, the name of the TSD facility

and its EPA/state identification number.

(viii) The laboratory or testing facility keeps, on-site, a copy

of the treatability study contract and all shipping papers associated

with the transport of treatability study samples to and from the fa-


cility for a period ending three years from the completion date of

each treatability study.

(ix) The laboratory or testing facility prepares and submits a

report to the department by March 15 of each year that estimates the

number of studies and the amount of waste expected to be used in

treatability studies during the current year, and includes the follow-

ing information for the previous calendar year:

(A) The name, address, and EPA/state identification number of the

laboratory or testing facility conducting the treatability studies;

(B) The types (by process) of treatability studies conducted;

(C) The names and addresses of persons for whom studies have been

conducted (including their EPA/state identification numbers);

(D) The total quantity of waste in storage each day;

(E) The quantity and types of waste subjected to treatability

studies;

(F) When each treatability study was conducted;

(G) The final disposition of residues and unused sample from each

treatability study.

(x) The laboratory or testing facility determines whether any un-

used sample or residues generated by the treatability study are dan-

gerous waste under WAC 173-303-070 and if so, are subject to the re-

quirements of this chapter, unless the residues and unused samples are

returned to the sample originator under the exemption in (r) of this

subsection.

(xi) The laboratory or testing facility notifies the department

by letter when it is no longer planning to conduct any treatability

studies at the site.

(xii) The date the sample was received, or if the treatability

study has been completed, the date of the treatability study, is

marked and clearly visible for inspection on each container.

(xiii) While being held on site, each container and tank is la-

beled or marked clearly with the words "dangerous waste" or "hazardous

waste." Each container or tank must also be marked with a label or

sign which identifies the major risk(s) associated with the waste in


the container or tank for employees, emergency response personnel and

the public.

Note: If there is already a system in use that performs this function in accordance with local, state, or federal regulations, then such system will be

adequate.

(t) Petroleum-contaminated media and debris that fail the test

for the toxicity characteristic of WAC 173-303-090(8) (dangerous waste

numbers D018 through D043 only) and are subject to the corrective ac-

tion regulations under 40 C.F.R. Part 280.

(u) Special incinerator ash (as defined in WAC 173-303-040).

(v) Wood ash that would designate solely for corrosivity by WAC

173-303-090 (6)(a)(iii). For the purpose of this exclusion, wood ash

means ash residue and emission control dust generated from the combus-

tion of untreated wood, wood treated solely with creosote, and un-

treated wood fiber materials including, but not limited to, wood

chips, saw dust, tree stumps, paper, cardboard, residuals from waste

fiber recycling, deinking rejects, and associated wastewater treatment

solids. This exclusion allows for the use of auxiliary fuels includ-

ing, but not limited to, oils, gas, coal, and other fossil fuels in

the combustion process.

(w)(i) Spent wood preserving solutions that have been reclaimed

and are reused for their original intended purpose; and

(ii) Wastewaters from the wood preserving process that have been

reclaimed and are reused to treat wood.

(iii) Prior to reuse, the wood preserving wastewaters and spent

wood preserving solutions described in (w)(i) and (ii) of this subsec-

tion, so long as they meet all of the following conditions:

(A) The wood preserving wastewaters and spent wood preserving so-

lutions are reused on-site at water borne plants in the production

process for their original intended purpose;

(B) Prior to reuse, the wastewaters and spent wood preserving so-

lutions are managed to prevent release to either land or groundwater

or both;


(C) Any unit used to manage wastewaters and/or spent wood pre-

serving solutions prior to reuse can be visually or otherwise deter-

mined to prevent such releases;

(D) Any drip pad used to manage the wastewaters and/or spent wood

preserving solutions prior to reuse complies with the standards in

Part 265, Subpart W which is incorporated by reference at WAC 173-303-

400 (3)(a), regardless of whether the plant generates a total of less

than 220 pounds/month of dangerous waste; and

(E) Prior to operating pursuant to this exclusion, the plant own-

er or operator submits to the department a one-time notification stat-

ing that the plant intends to claim the exclusion, giving the date on

which the plant intends to begin operating under the exclusion, and

containing the following language: "I have read the applicable regula-

tion establishing an exclusion for wood preserving wastewaters and

spent wood preserving solutions and understand it requires me to com-

ply at all times with the conditions set out in the regulation." The

plant must maintain a copy of that document in its on-site records for

a period of no less than three years from the date specified in the

notice. The exclusion applies only so long as the plant meets all of

the conditions. If the plant goes out of compliance with any condi-

tion, it may apply to the department for reinstatement. The department

may reinstate the exclusion upon finding that the plant has returned

to compliance with all conditions and that violations are not likely

to recur.

(F) Additional reports.

(I) Upon determination by the department that the storage of wood

preserving wastewaters and spent wood preserving solutions in tanks

and/or containers poses a threat to public health or the environment,

the department may require the owner/operator to provide additional

information regarding the integrity of structures and equipment used

to store wood preserving wastewaters and spent wood preserving solu-

tions. This authority applies to tanks and secondary containment sys-

tems used to store wood preserving wastewaters and spent wood preserv-

ing solutions in tanks and containers. The department's determination


of a threat to public health or the environment may be based upon ob-

servations of factors that would contribute to spills or releases of

wood preserving wastewaters and spent wood preserving solutions or the

generation of hazardous by-products. Such observations may include,

but are not limited to, leaks, severe corrosion, structural defects or

deterioration (cracks, gaps, separation of joints), inability to com-

pletely inspect tanks or structures, or concerns about the age or de-

sign specification of tanks.

(II) When required by the department, a qualified, independent

professional engineer registered to practice in Washington state must

perform the assessment of the integrity of tanks or secondary contain-

ment systems.

(III) Requirement for facility repairs and improvements. If, upon

evaluation of information obtained by the department under

(w)(iii)(F)(I) of this subsection, it is determined that repairs or

structural improvements are necessary in order to eliminate threats,

the department may require the owner/operator to discontinue the use

of the tank system or container storage unit and remove the wood pre-

serving wastewaters and spent wood preserving solutions until such re-

pairs or improvements are completed and approved by the department.

(x) Nonwastewater splash condenser dross residue from the treat-

ment of K061 in high temperature metals recovery units, provided it is

shipped in drums (if shipped) and not land disposed before recovery.

(y) Used oil filters that are recycled in accordance with WAC

173-303-120, as used oil and scrap metal.

(z) Used oil re-refining distillation bottoms that are used as

feedstock to manufacture asphalt products.

(aa)(i) Wastes that fail the test for the toxicity characteristic

in WAC 173-303-090 because chromium is present or are listed in WAC

173-303-081 or 173-303-082 due to the presence of chromium. The waste

must not designate for any other characteristic under WAC 173-303-090,

for any of the criteria specified in WAC 173-303-100, and must not be

listed in WAC 173-303-081 or 173-303-082 due to the presence of any


constituent from WAC 173-303-9905 other than chromium. The waste gen-

erator must be able to demonstrate that:

(A) The chromium in the waste is exclusively (or nearly exclu-

sively) trivalent chromium; and

(B) The waste is generated from an industrial process that uses

trivalent chromium exclusively (or nearly exclusively) and the process

does not generate hexavalent chromium; and

(C) The waste is typically and frequently managed in nonoxidizing

environments.

(ii) Specific wastes which meet the standard in (aa)(i)(A), (B),

and (C) of this subsection (so long as they do not fail the test for

the toxicity characteristic for any other constituent, and do not ex-

hibit any other characteristic) are:

(A) Chrome (blue) trimmings generated by the following subcatego-

ries of the leather tanning and finishing industry: Hair pulp/chrome

tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet

finish; no beamhouse; through-the-blue; and shearling.

(B) Chrome (blue) shavings generated by the following subcatego-

ries of the leather tanning and finishing industry: Hair pulp/chrome



(C) Buffing dust generated by the following subcategories of the

leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet

finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no

beamhouse; through-the-blue.

(D) Sewer screenings generated by the following subcategories of

the leather tanning and finishing industry: Hair pulp/chrome



(E) Wastewater treatment sludges generated by the following sub-

categories of the leather tanning and finishing industry: Hair

pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet fin-

ish; retan/wet finish; no beamhouse; through-the-blue; and shearling.


(F) Wastewater treatment sludges generated by the following sub-

categories of the leather tanning and finishing industry: Hair

pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet fin-

ish; and through-the-blue.

(G) Waste scrap leather from the leather tanning industry, the

shoe manufacturing industry, and other leather product manufacturing

industries.

(H) Wastewater treatment sludges from the production of TiO2 pig-

ment using chromium-bearing ores by the chloride process.

(bb)(i) Nonwastewater residues, such as slag, resulting from high

temperature metals recovery (HTMR) processing of K061, K062 or F006

waste, in units identified as rotary kilns, flame reactors, electric

furnaces, plasma arc furnaces, slag reactors, rotary hearth fur-

nace/electric furnace combinations or industrial furnaces (as defined

in WAC 173-303-040 - blast furnaces, smelting, melting and refining

furnaces, and other devices the department may add to the list - of

the definition for "industrial furnace"), that are disposed in subti-

tle D units, provided that these residues meet the generic exclusion

levels identified in the tables in this paragraph for all constitu-

ents, and exhibit no characteristics of dangerous waste. Testing re-

quirements must be incorporated in a facility's waste analysis plan or

a generator's self-implementing waste analysis plan; at a minimum,

composite samples of residues must be collected and analyzed quarterly

and/or when the process or operation generating the waste changes.

Persons claiming this exclusion in an enforcement action will have the

burden of proving by clear and convincing evidence that the material

meets all of the exclusion requirements.

Maximum for any single

Constituent composite sample-TCLP (mg/l)

Generic exclusion levels for K061

and K062 nonwastewater HTMR residues

Antimony 0.10

Arsenic 0.50

Barium 7.6


Maximum for any single

Constituent composite sample-TCLP (mg/l)

Beryllium 0.010

Cadmium 0.050

Chromium (total) 0.33

(2)Lead 0.15

Mercury 0.009

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Zinc 70

Generic exclusion levels for

F006 nonwastewater HTMR residues

Antimony 0.10

Arsenic 0.50

Barium 7.6

Beryllium 0.010

Cadmium 0.050

Chromium (total) 0.33

Cyanide (total) (mg/kg) 1.8

Lead 0.15

Mercury 0.009

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Zinc 70

(ii) A one-time notification and certification must be placed in

the facility's files and sent to the department for K061, K062 or F006

HTMR residues that meet the generic exclusion levels for all constitu-

ents and do not exhibit any characteristics that are sent to subtitle

D units. The notification and certification that is placed in the gen-

erator's or treater's files must be updated if the process or opera-

tion generating the waste changes and/or if the subtitle D unit re-

ceiving the waste changes. However, the generator or treater need only

notify the department on an annual basis if such changes occur. Such


notification and certification should be sent to the department by the

end of the calendar year, but no later than December 31. The notifica-

tion must include the following information: The name and address of

the subtitle D unit receiving the waste shipments; the dangerous waste

number(s) and treatability group(s) at the initial point of genera-

tion; and, the treatment standards applicable to the waste at the ini-

tial point of generation. The certification must be signed by an au-

thorized representative and must state as follows: "I certify under

penalty of law that the generic exclusion levels for all constituents

have been met without impermissible dilution and that no characteris-

tic of dangerous waste is exhibited. I am aware that there are signif-

icant penalties for submitting a false certification, including the

possibility of fine and imprisonment." These wastes are not excluded

if they exhibit one or more of the dangerous waste characteristics

(WAC 173-303-090) or criteria (WAC 173-303-100).

(cc)(i) Oil-bearing hazardous secondary materials (that is,

sludges, by-products, or spent materials) that are generated at a pe-

troleum refinery (NAICS code 324110) and are inserted into the petro-

leum refining process (NAICS code 324110 - Including, but not limited

to, distillation, catalytic cracking, fractionation, or thermal crack-

ing units (that is, cokers)) unless the material is placed on the

land, or speculatively accumulated before being so recycled. Materials

inserted into thermal cracking units are excluded under this para-

graph: Provided that the coke product also does not exhibit a charac-

teristic of hazardous waste. Oil-bearing hazardous secondary materials

may be inserted into the same petroleum refinery where they are gener-

ated, or sent directly to another petroleum refinery, and still be ex-

cluded under this provision. Except as provided in (cc)(ii) of this

subsection, oil-bearing hazardous secondary materials generated else-

where in the petroleum industry (that is, from sources other than pe-

troleum refineries) are not excluded under this section. Residuals

generated from processing or recycling materials excluded under this

paragraph, where such materials as generated would have otherwise met


a listing under WAC 173-303-081 and 173-303-082, are designated as

F037 listed wastes when disposed of or intended for disposal.

(ii) Recovered oil that is recycled in the same manner and with

the same conditions as described in (cc)(i) of this subsection. Recov-

ered oil is oil that has been reclaimed from secondary materials (in-

cluding wastewater) generated from normal petroleum industry practic-

es, including refining, exploration and production, bulk storage, and

transportation incident thereto (NAICS codes 211111, 211112, 213111,

213112, 541360, 237120, 238910, 324110, 486110, 486910, 486210,

221210, 488210, 488999, 424710, 454311, 454312, 424720, 425120). Re-

covered oil does not include oil-bearing hazardous wastes listed in

WAC 173-303-081 and 173-303-082; however, oil recovered from such

wastes may be considered recovered oil. Recovered oil does not include

used oil as defined in WAC 173-303-040.

(dd) Dangerous waste Nos. K060, K087, K141, K142, K143, K144,

K145, K147, and K148, and any wastes from the coke by-products pro-

cesses that are dangerous only because they exhibit the toxicity char-

acteristic (TC) specified in WAC 173-303-090(8) when, subsequent to

generation, these materials are recycled to coke ovens, to the tar re-

covery process as a feedstock to produce coal tar, or mixed with coal

tar prior to the tar's sale or refining. This exclusion is conditioned

on there being no land disposal of the wastes from the point they are

generated to the point they are recycled to coke ovens or tar recovery

or refining processes, or mixed with coal tar.

(ee) Biological treatment sludge from the treatment of one of the

following wastes listed in WAC 173-303-9904 - organic waste (including

heavy ends, still bottoms, light ends, spent solvents, filtrates, and

decantates) from the production of carbamates and carbamoyl oximes

(Dangerous Waste No. K156), and wastewaters from the production of

carbamates and carbamoyl oximes (Dangerous Waste No. K157) unless it

exhibits one or more of the characteristics or criteria of dangerous

waste.

(ff) Excluded scrap metal (processed scrap metal, unprocessed

home scrap metal, and unprocessed prompt scrap metal) being recycled.


(gg) Shredded circuit boards being recycled: Provided, That they

are:

(i) Stored in containers sufficient to prevent a release to the

environment prior to recovery; and

(ii) Free of mercury switches, mercury relays and nickel-cadmium

batteries and lithium batteries.

(hh) Petrochemical recovered oil from an associated organic chem-

ical manufacturing facility, where the oil is to be inserted into the

petroleum refining process (NAICS code 324110) along with normal pe-

troleum refinery process streams, provided:

(i) The oil is hazardous only because it exhibits the character-

istic of ignitability (as defined in WAC 173-303-090(5) and/or toxici-

ty for benzene (WAC 173-303-090(8), waste code D018); and

(ii) The oil generated by the organic chemical manufacturing fa-

cility is not placed on the land, or speculatively accumulated before

being recycled into the petroleum refining process.

An "associated organic chemical manufacturing facility" is a fa-

cility where the primary NAICS code is 325110, 325120, 325188, 325192,

325193, or 325199, but where operations may also include NAICS codes

325211, 325212, 325110, 325132, 325192; and is physically colocated

with a petroleum refinery; and where the petroleum refinery to which

the oil being recycled is returned also provides hydrocarbon feed-

stocks to the organic chemical manufacturing facility. "Petrochemical

recovered oil" is oil that has been reclaimed from secondary materials

(that is, sludges, by-products, or spent materials, including

wastewater) from normal organic chemical manufacturing operations, as

well as oil recovered from organic chemical manufacturing processes.

(ii) Spent caustic solutions from petroleum refining liquid

treating processes used as a feedstock to produce cresylic or naph-

thenic acid unless the material is placed on the land, or accumulated

speculatively as defined in WAC 173-303-016(5).

(jj) Catalyst inert support media separated from one of the fol-

lowing wastes listed in WAC 173-303-9904 Specific Sources - Spent hy-

drotreating catalyst (EPA Hazardous Waste No. K171), and Spent hydro-


refining catalyst (EPA Hazardous Waste No. K172). These wastes are not

excluded if they exhibit one or more of the dangerous waste character-

istics or criteria.

(kk) Leachate or gas condensate collected from landfills where

certain solid wastes have been disposed: Provided, That:

(i) The solid wastes disposed would meet one or more of the list-

ing descriptions for Hazardous Waste Codes K169, K170, K171, K172,

K174, K175, K176, K177, K178, and K181 if these wastes had been gener-

ated after the effective date of the listing;

(ii) The solid wastes described in (kk)(i) of this subsection

were disposed prior to the effective date of the listing;

(iii) The leachate or gas condensate do not exhibit any charac-

teristic or criteria of dangerous waste nor are derived from any other

listed hazardous waste;

(iv) Discharge of the leachate or gas condensate, including

leachate or gas condensate transferred from the landfill to a POTW by

truck, rail, or dedicated pipe, is subject to regulation under sec-

tions 307(b) or 402 of the Clean Water Act.

(v) As of February 13, 2001, leachate or gas condensate derived

from K169 - K172 is no longer exempt if it is stored or managed in a

surface impoundment prior to discharge. As of November 21, 2003,

leachate or gas condensate derived from K176, K177, and K178 is no

longer exempt if it is stored or managed in a surface impoundment pri-

or to discharge. After February 26, 2007, leachate or gas condensate

derived from K181 will no longer be exempt if it is stored or managed

in a surface impoundment prior to discharge. There is one exception:

If the surface impoundment is used to temporarily store leachate or

gas condensate in response to an emergency situation (for example,

shutdown of wastewater treatment system): Provided, That the impound-

ment has a double liner, and: Provided further, That the leachate or

gas condensate is removed from the impoundment and continues to be

managed in compliance with the conditions of this paragraph after the

emergency ends.


(ll) Dredged material. Dredged material as defined in 40 C.F.R.

232.2 that is subject to:

(i) The requirements of a permit that has been issued by the U.S.

Army Corps of Engineers or an approved state under section 404 of the

Federal Water Pollution Control Act (33 U.S.C. 1344);

(ii) The requirements of a permit that has been issued by the

U.S. Army Corps of Engineers under section 103 of the Marine Protec-

tion, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or

(iii) In the case of a U.S. Army Corps of Engineers civil works

project, the administrative equivalent of the permits referred to in

(ll)(i) and (ii) of this subsection, as provided for in U.S. Army

Corps of Engineers regulations, including, for example, 33 C.F.R.

336.1, 336.2 and 337.3.

(mm) Condensates derived from the overhead gases from kraft mill

steam strippers that are used to comply with 40 C.F.R. 63.446(e). The

exemption applies only to combustion at the mill generating the con-

densates.

(nn) Reserve;(i) Controlled substances, legend drugs, and over-

the-counter drugs that are state-only dangerous wastes.

(A) Controlled substances as defined and regulated by chapter

69.50 RCW (Schedule I through V);

(B) Legend drugs as defined and regulated by chapter 69.41 RCW;

and

(C) Over-the-counter drugs as defined and regulated by chapter

69.60 RCW.

(ii) Controlled substances, legend drugs, and over-the-counter

drugs that are held in the custody of law enforcement agencies or pos-

sessed by any licensee as defined and regulated by chapter 69.50 RCW

or Title 18 RCW and authorized to possess drugs within the state of

Washington are excluded, provided the drugs are disposed of by incin-

eration in a controlled combustion unit with a heat input rate greater

than 250 million British thermal units/hour, a combustion zone temper-

ature greater than 1500 degrees Fahrenheit, or a facility permitted to

incinerate municipal solid waste.


(iii) For the purposes of this exclusion the term "drugs" means:

(A) Articles recognized in the official United States pharmaco-

poeia or the official homeopathic pharmacopoeia of the United States;

(B) Substances intended for use in the diagnosis, cure, mitiga-

tion, treatment, or prevention of disease in man or other animals; or

(C) Substances (other than food) intended to affect the structure

or any function of the body of man or other animals, as defined in RCW

18.64.011(3). (Note: RCW 18.64.011 (3)(d) is intentionally not includ-

ed in the definition of drugs for this exclusion.)

(iv) When possessed by any licensee the term drugs used in this

exclusion means finished drug products.

(oo) Cathode ray tubes (CRTs) and glass removed from CRTs:

(i) Prior to processing: These materials are not solid wastes if

they are destined for recycling and if they meet the following re-

quirements:

(A) Storage. CRTs must be either:

(I) Stored in a building with a roof, floor, and walls; or

(II) Placed in a container (that is, a package or a vehicle) that

is constructed, filled, and closed to minimize releases to the envi-

ronment of CRT glass (including fine solid materials).

(B) Labeling. Each container in which the CRT is contained must

be labeled or marked clearly with one of the following phrases: "Used

cathode ray tube(s) - contains leaded glass" or "leaded glass from

televisions or computers." It must also be labeled: "Do not mix with

other glass materials."

(C) Transportation. CRTs must be transported in a container meet-

ing the requirements of (oo)(i)(A)(II) and (B) of this subsection.

(D) Speculative accumulation and use constituting disposal. CRTs

are subject to the limitations on speculative accumulation as defined

in WAC 173-303-016 (5)(d). If they are used in a manner constituting

disposal, they must comply with the applicable requirements of WAC

173-303-505 instead of the requirements of this section.


(E) Exports. In addition to the applicable conditions specified

in (oo)(i)(A) through (D) of this subsection, exporters of CRTs must

comply with the following requirements:

(I) Notify EPA of an intended export before the CRTs are sched-

uled to leave the United States. A complete notification should be

submitted sixty days before the initial shipment is intended to be

shipped off-site. This notification may cover export activities ex-

tending over a twelve-month or lesser period. The notification must be

in writing, signed by the exporter, and include the following infor-

mation:

• Name, mailing address, telephone number and EPA/state ID number

(if applicable) of the exporter of the CRTs.

• The estimated frequency or rate at which the CRTs are to be ex-

ported and the period of time over which they are to be exported.

• The estimated total quantity of CRTs specified in kilograms.

• All points of entry to and departure from each foreign country

through which the CRTs will pass.

• A description of the means by which each shipment of the CRTs

will be transported (for example, mode of transportation vehicle (air,

highway, rail, water, etc.), type(s) of container (drums, boxes,

tanks, etc.)).

• The name and address of the recycler and any alternate recycler

and the estimated quantity of used CRTs to be sent to each facility,

as well as the names of any alternate recyclers.

• A description of the manner in which the CRTs will be recycled

in the foreign country that will be receiving the CRTs.

• The name of any transit country through which the CRTs will be

sent and a description of the approximate length of time the CRTs will

remain in such country and the nature of their handling while there.

(II) Notifications submitted by mail should be sent to the fol-

lowing mailing address: Office of Enforcement and Compliance Assur-

ance, Office of Federal Activities, International Compliance Assurance

Division, (Mail Code 2254A), Environmental Protection Agency, 1200

Pennsylvania Ave., N.W., Washington, D.C. 20460. Hand-delivered noti-


fications should be sent to: Office of Enforcement and Compliance As-

surance, Office of Federal Activities, International Compliance Assur-

ance Division, (Mail Code 2254A), Environmental Protection Agency, Ar-

iel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., N.W., Washington,

D.C. In both cases, the following must be prominently displayed on the

front of the envelope: "Attention: Notification of intent to export

CRTs."

(III) Upon request by EPA, the exporter must furnish to EPA any

additional information which a receiving country requests in order to

respond to a notification.

(IV) EPA will provide a complete notification to the receiving

country and any transit countries. A notification is complete when EPA

receives a notification which EPA determines satisfies the require-

ments of (oo)(i)(E)(I) of this subsection. Where a claim of confiden-

tiality is asserted with respect to any notification information re-

quired by (oo)(i)(E)(I) of this subsection, EPA may find the notifica-

tion not complete until any such claim is resolved in accordance with

40 C.F.R. 260.2.

(V) The export of CRTs is prohibited unless the receiving country

consents to the intended export. When the receiving country consents

in writing to the receipt of the CRTs, EPA will forward an "Acknowl-

edgment of Consent" to export CRTs to the exporter. Where the receiv-

ing country objects to receipt of the CRTs or withdraws a prior con-

sent, EPA will notify the exporter in writing. EPA will also notify

the exporter of any responses from transit countries.

(VI) When the conditions specified on the original notification

change, the exporter must provide EPA with a written renotification of

the change, except for changes to the telephone number in

(oo)(i)(E)(I)(first bullet) of this subsection and decreases in the

quantity indicated pursuant to (oo)(i)(E)(I)(third bullet) of this

subsection. The shipment cannot take place until consent of the re-

ceiving country to the changes has been obtained (except for changes

to information about points of entry and departure and transit coun-

tries pursuant to (oo)(i)(E)(I)(fourth bullet) and (i)(E)(I)(eighth


bullet) of this subsection) and the exporter of CRTs receives from EPA

a copy of the "Acknowledgment of Consent" to export CRTs reflecting

the receiving country's consent to the changes.

(VII) A copy of the "Acknowledgment of Consent" to export CRTs

must accompany the shipment of CRTs. The shipment must conform to the

terms of the Acknowledgment.

(VIII) If a shipment of CRTs cannot be delivered for any reason

to the recycler or the alternate recycler, the exporter of CRTs must

renotify EPA of a change in the conditions of the original notifica-

tion to allow shipment to a new recycler in accordance with

(oo)(i)(E)(VI) of this subsection and obtain another "Acknowledgment

of Consent" to export CRTs.

(IX) Exporters must keep copies of notifications and "Acknowledg-

ments of Consent" to export CRTs for a period of five years following

receipt of the "Acknowledgment."

(X) CRT exporters must file with EPA no later than March 1 of

each year, an annual report summarizing the quantities (in kilograms),

frequency of shipment, and ultimate destination(s) (i.e., the facility

or facilities where the recycling occurs) of all used CRTs exported

during the previous calendar year. Such reports must also include the

following:

(I) The name, EPA/State ID number (if applicable), and mailing

and site address of the exporter;

(II) The calendar year covered by the report;

(III) A certification signed by the CRT exporter that states:

“I certify under penalty of law that I have personally examined

and am familiar with the information submitted in this and all at-

tached documents and that, based on my inquiry of those individuals

immediately responsible for obtaining this information, I believe that

the submitted information is true, accurate, and complete. I am aware

that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment.

(XI) Annual reports must be submitted to the office specified in

(oo)(i)(E)(II) of this subsection. Exporters must keep copies of each

annual report for a period of at least five years from the due date of

the report.


(ii) Requirements for used CRT processing: CRTs undergoing CRT

processing as defined in WAC 173-303-040 are not solid wastes if they

meet the following requirements:

(A) Storage. CRTs undergoing processing are subject to the re-

quirement of (oo)(i)(D) of this subsection.

(B) Processing.

(I) All activities specified in the second and third bullets of

the definition of "CRT processing" in WAC 173-303-040 must be per-

formed within a building with a roof, floor, and walls; and

(II) No activities may be performed that use temperatures high

enough to volatilize lead from CRTs.

(iii) Processed CRT glass sent to CRT glass making or lead smelt-

ing: Glass from CRTs that is destined for recycling at a CRT glass

manufacturer or a lead smelter after processing is not a solid waste

unless it is speculatively accumulated as defined in WAC 173-303-016

(5)(d).

(iv) Use constituting disposal: Glass from used CRTs that is used

in a manner constituting disposal must comply with the requirements of

WAC 173-303-505.

(v) Notification and recordkeeping for cathode ray tubes (CRTs)

exported for reuse.

(A) Persons who export CRTs for reuse must send a one-time noti-

fication to the U.S. EPA Regional Administrator. The notification must

include a statement that the notifier plans to export CRTs for reuse,

the notifier's name, address, and EPA/state ID number (if applicable)

and the name and phone number of a contact person.

(B) Persons who export CRTs for reuse must keep copies of normal

business records, such as contracts, demonstrating that each shipment

of exported CRTs will be reused. This documentation must be retained

for a period of at least five years from the date the CRTs were ex-

ported.

(A) CRT exporters who export CRTs for reuse must send a notifica-

tion to EPA. This notification may cover export activities extending

over a twelve month or lesser period.


(I) The notification must be in writing, signed by the exporter,

and include the following information:

Name, mailing address, telephone number, and EPA ID number (if

applicable) of the exporter of the used, intact CRTs;

The estimated frequency or rate at which the CRTs are to be ex-

ported for reuse and the period of time over which they are to

be exported;

The estimated total quantity of CRTs specified in kilograms;

All points of entry to and departure from each transit country

through which the CRTs will pass, a description of the approxi-

mate length of time the CRTs will remain in such country, and

the nature of their handling while there;

A description of the means by which each shipment of the CRTs

will be transported (e.g., mode of transportation vehicle (air,

highway, rail, water, etc.), type(s) of container (drums, box-

es, tanks, etc.));

The name and address of the ultimate destination facility or

facilities where the CRTs will be reused, refurbished, distrib-

uted, or sold for reuse and the estimated quantity of CRTs to

be sent to each facility, as well as the name of any alternate

destination facility or facilities;

A description of the manner in which the CRTs will be reused

(including reuse after refurbishment) in the foreign country

that will be receiving the CRTs; and

A certification signed by the CRT exporter that states:

“I certify under penalty of law that the CRTs described in this

notice are intact and fully functioning or capable of being functional

after refurbishment and that the CRTs will be reused or refurbished

and reused. I certify under penalty of law that I have personally ex-

amined and am familiar with the information submitted in this and all

attached documents and that, based on my inquiry of those individuals

immediately responsible for obtaining the information, I believe that

the submitted information is true, accurate, and complete. I am aware

that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment.”

(II) Notifications submitted by mail should be sent to the fol-

lowing mailing address: Office of Enforcement and Compliance Assur-


Division, (Mail Code 2254A), Environmental Protection Agency, 1200

Pennsylvania Ave. NW., Washington, DC 20460. Hand-delivered notifica-

tions should be sent to: Office of Enforcement and Compliance Assur-



Division, (Mail Code 2254A), Environmental Protection Agency, William

Jefferson Clinton Building, Room 6144, 1200 Pennsylvania Ave. NW.,

Washington, DC 20004. In both cases, the following shall be prominent-

ly displayed on the front of the envelope: “Attention: Notification of

Intent to Export CRTs.”

(B) CRT exporters of CRTs sent for reuse must keep copies of nor-

mal business records, such as contracts, demonstrating that each ship-

ment of exported CRTs will be reused. This documentation must be re-

tained for a period of at least five years from the date the CRTs were

exported. If the documents are written in a language other than Eng-

lish, CRT exporters of CRTs sent for reuse must provide both the orig-

inal, non-English version of the normal business records as well as a

third-party translation of the normal business records into English

within 30 days upon request by EPA.

(pp) Zinc fertilizers made from hazardous wastes provided that:

(i) The fertilizers meet the following contaminant limits:

(A) For metal contaminants:

Maximum Allowable Total Concentration Con-

stituent in Fertilizer, per Unit (1%) of

Zinc (ppm)

Arsenic. . . . 0.3

Cadmium. . . . 1.4

Chromium. . . . 0.6

Lead. . . . 2.8

Mercury. . . . 0.3

(B) For dioxin contaminants the fertilizer must contain no more

than eight parts per trillion of dioxin, measured as toxic equivalent

(TEQ).

(ii) The manufacturer performs sampling and analysis of the fer-

tilizer product to determine compliance with the contaminant limits

for metals no less than every six months, and for dioxins no less than

every twelve months. Testing must also be performed whenever changes

occur to manufacturing processes or ingredients that could signifi-

cantly affect the amounts of contaminants in the fertilizer product.

The manufacturer may use any reliable analytical method to demonstrate

that no constituent of concern is present in the product at concentra-

tions above the applicable limits. It is the responsibility of the

manufacturer to ensure that the sampling and analysis are unbiased,


precise, and representative of the product(s) introduced into com-

merce.

(iii) The manufacturer maintains for no less than three years

records of all sampling and analyses performed for purposes of deter-

mining compliance with the requirements of (pp)(ii) of this subsec-

tion. Such records must at a minimum include:

(A) The dates and times product samples were taken, and the dates

the samples were analyzed;

(B) The names and qualifications of the person(s) taking the sam-

ples;

(C) A description of the methods and equipment used to take the

samples;

(D) The name and address of the laboratory facility at which

analyses of the samples were performed;

(E) A description of the analytical methods used, including any

cleanup and sample preparation methods; and

(F) All laboratory analytical results used to determine compli-

ance with the contaminant limits specified in this subsection (3)(pp).

(qq) Debris. Provided the debris does not exhibit a characteris-

tic identified in WAC 173-303-090, the following materials are not

subject to regulation under this chapter:

(i) Hazardous debris that has been treated using one of the re-

quired extraction or destruction technologies specified in Table 1 of

40 C.F.R. section 268.45, which is incorporated by reference at WAC

173-303-140 (2)(a); persons claiming this exclusion in an enforcement

action will have the burden of proving by clear and convincing evi-

dence that the material meets all of the exclusion requirements; or

(ii) Debris that the department, considering the extent of con-

tamination, has determined is no longer contaminated with hazardous

waste.

(rr) Solvent-contaminated wipes that are sent for cleaning and

reuse are not solid wastes from the point of generation, provided

that:

(i) The solvent-contaminated wipes, when accumulated, stored, and

transported, are contained in non-leaking, closed containers that are


labeled “Excluded Solvent-Contaminated Wipes.” The containers must be

able to contain free liquids, should free liquids occur. During accu-

mulation, a container is considered closed when there is complete con-

tact between the fitted lid and the rim, except when it is necessary

to add or remove solvent-contaminated wipes. When the container is

full, or when the solvent-contaminated wipes are no longer being accu-

mulated, or when the container is being transported, the container

must be sealed with all lids properly and securely affixed to the con-

tainer and all openings tightly bound or closed sufficiently to pre-

vent leaks and emissions;

(ii) The solvent-contaminated wipes may be accumulated by the

generator for up to 180 days from the start date of accumulation for

each container prior to being sent for cleaning;

(iii) At the point of being sent for cleaning on-site or at the

point of being transported off-site for cleaning, the solvent-

contaminated wipes must contain no free liquids as defined in WAC 173-

303-040;

(iv) Free liquids removed from the solvent-contaminated wipes or

from the container holding the wipes must be managed according to the

applicable regulations found in this chapter if the solvent designates

as a dangerous waste;

(v) Generators must maintain at their site the following documen-

tation:

(A) Name and address of the laundry or dry cleaner that is re-

ceiving the solvent-contaminated wipes;

(B) Documentation that the 180-day accumulation time limit in

(rr)(ii) of this subsection is being met;

(C) Description of the process the generator is using to ensure

the solvent-contaminated wipes contain no free liquids at the point of

being laundered or dry cleaned on-site or at the point of being trans-

ported off-site for laundering or dry cleaning;

(vi) The solvent-contaminated wipes are sent to a laundry or dry

cleaner whose discharge, if any, is regulated under sections 301 and

402 or section 307 of the Clean Water Act.

(ss) Solvent-contaminated wipes, except for wipes that are dan-

gerous waste due to the presence of trichloroethylene, that are sent

for disposal are not dangerous wastes from the point of generation,

provided that:

(i) The solvent-contaminated wipes, when accumulated, stored, and

transported, are contained in non-leaking, closed containers that are

labeled “Excluded Solvent-Contaminated Wipes.” The containers must be

able to contain free liquids, should free liquids occur. During accu-

mulation, a container is considered closed when there is complete con-


tact between the fitted lid and the rim, except when it is necessary

to add or remove solvent-contaminated wipes. When the container is

full, or when the solvent-contaminated wipes are no longer being accu-

mulated, or when the container is being transported, the container

must be sealed with all lids properly and securely affixed to the con-

tainer and all openings tightly bound or closed sufficiently to pre-

vent leaks and emissions;

(ii) The solvent-contaminated wipes may be accumulated by the

generator for up to 180 days from the start date of accumulation for

each container prior to being sent for disposal;

(iii) At the point of being transported for disposal, the sol-

vent-contaminated wipes must contain no free liquids as defined in WAC

173-303-040;

(iv) Free liquids removed from the solvent-contaminated wipes or

from the container holding the wipes must be managed according to the

applicable regulations found in this chapter if the solvent designates

as a dangerous waste;

(v) Generators must maintain at their site the following documen-

tation:

(A) Name and address of the permitted treatment, storage and dis-

posal facility that is receiving the solvent-contaminated wipes;

(B) Documentation that the 180 day accumulation time limit in

(ss)(ii) of this subsection is being met;

(C) Description of the process the generator is using to ensure

solvent-contaminated wipes contain no free liquids at the point of be-

ing transported for disposal;

(vi) The solvent-contaminated wipes are sent for disposal

(A) To a dangerous waste landfill regulated under WAC 173-303-280

through 173-303-400; or

(B) To a dangerous waste combustor, boiler, or industrial furnace

regulated under 40 C.F.R. parts 264, 265, or 266 subpart H.





ters 70.95N, 70.105, and 70.105D RCW. WSR 07-21-013 (Order 07-05), §




Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 03-07-049



tory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-071, filed 5/10/00,


RCW. WSR 98-03-018, (Order 97-03), § 173-303-071, filed 1/12/98, ef-

fective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-071, filed

10/19/95, effective 11/19/95; WSR 94-12-018 (Order 93-34), § 173-303-

071, filed 5/23/94, effective 6/23/94; WSR 94-01-060 (Order 92-33), §


Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006

(42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-071, filed

3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. WSR

89-02-059 (Order 88-24), § 173-303-071, filed 1/4/89; WSR 87-14-029

(Order DE-87-4), § 173-303-071, filed 6/26/87; WSR 86-12-057 (Order

DE-85-10), § 173-303-071, filed 6/3/86; WSR 85-09-042 (Order DE-85-

02), § 173-303-071, filed 4/15/85; WSR 84-09-088 (Order DE 83-36), §

173-303-071, filed 4/18/84. Statutory Authority: RCW 70.95.260 and

chapter 70.105 RCW. WSR 82-05-023 (Order DE 81-33), § 173-303-071,

filed 2/10/82.]

WAC 173-303-110 Sampling, testing methods, and analytes. (1) Pur-

pose. This section sets forth the testing methods to be used to comply

with the requirements of this chapter. Quality control procedures

specified by the testing method or an approved equivalent method must

be followed for the analytical result to be considered valid for des-

ignation. All methods and publications listed in this section are in-

corporated by reference.

(2) Representative samples.

(a) The methods and equipment used for obtaining representative

samples of a waste will vary with the type and form of the waste. The

department will consider samples collected using the sampling methods

below or the most recent version of such methods for wastes with prop-

erties similar to the indicated materials, to be representative sam-

ples of the wastes:


(i) Crushed or powdered material - ASTM Standard D346-04e1;

(ii) Extremely viscous liquid - ASTM Standard D140-01 (2007);

(iii) Fly ash-like material - ASTM Standard D2234/D2234M-03e1;

(iv) Soil-like material - ASTM Standard D1452-80 (2000);

(v) Soil or rock-like material - ASTM Standard D420-98 (2003);

(vi) Containerized liquid wastes - "COLIWASA" described in SW-

846, as incorporated by reference at WAC 173-303-110 (3)(a), or the

equivalent representative sampling method described in ASTM D5743-97

(2003). Per this method, the selection of an appropriate device must

be best suited for the characteristics of the waste being sampled; and

(vii) Liquid waste in pits, ponds, lagoons, and similar reser-

voirs - "Pond Sampler" described in SW-846, as incorporated by refer-

ence at WAC 173-303-110 (3)(a).

(b) Copies of these representative sampling methods are available

from the department except for the ASTM standards which can be ob-

tained by writing to:

ASTM

100 Barr Harbor Drive

West Conshohocken, PA 19428-2959

(3) Test procedures. Copies of the test procedures listed in this

subsection can be obtained by writing to the appropriate address be-

low:

For copies of Department of Ecology test methods:

Attn: Test Procedures

Hazardous Waste Section

Department of Ecology

P.O. Box 47600

Olympia, Washington 98504-7600

For copies of SW-846, including updates, and 40 C.F.R. Part 261:

Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

202-512-1800

For copies of ASTM methods:


ASTM

100 Barr Harbor Drive

West Conshohocken, PA 19428-2959

For copies of APTI methods:

APTI

National Technical Information Service

5285 Port Royal Road

Springfield, VA 22161

The document titles and included test procedures are as follows:

(a) Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods, EPA Publication, SW-846 (Third Edition (November 1986) as

amended by Updates I (dated July 1992), II (dated September 1994), IIA

(dated August 1993), IIB (dated January 1995), III (dated December

1996), IIIA (dated April 1998), IIIB (dated July 2005), and Update IVA

and IVB (dated February 2007)), and Update V (dated August 2015) which

is incorporated by reference. The Third Edition of SW-846, as amended

by Final Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA, and IVB, and

V, is available in portable document format (PDF) on EPA's Office of

Resource Conservation and Recovery web page at: http://www.epa.gov/hw-

swSW-846. An official printed copy of SW-846 and most of its updates

can be purchased from the National Technical Information Service, U.S.

Department of Commerce, 5301 Shawnee Road, Alexandria, VA 22312, 800-

553-6847 or 703-605-6000 (outside the continental U.S.);

(b) Biological Testing Methods, Department of Ecology Publication

#80-12, the latest revision, describing procedures for:

(i) Static acute fish toxicity test; and

(ii) Acute oral rat toxicity test;

(c) Chemical Testing Methods for Designating Dangerous Waste, De-

partment of Ecology Publication #97-407, revised December 2014 de-

scribing methods for testing:

(i) Ignitability;

(ii) Corrosivity;

(iii) Reactivity;

(iv) Toxicity characteristic leaching procedure;


(v) Halogenated organic compounds; and

(vi) Polycyclic aromatic hydrocarbons.

(d) Reserve;

(e)(i) The determination of Polychlorinated Biphenyls in Trans-

former Fluids and Waste Oils, EPA-600/4-81-045; and

(ii) Analysis of Polychlorinated Biphenyls in Mineral Insulating

Oils by Gas Chromatography, ASTM Standard D4059-00 (2005)e1.

(f) Appropriate analytical procedures to determine whether a sam-

ple contains a given toxic constituent are specified in Chapter Two,

"Choosing the Correct Procedure" found in Test Methods for Evaluating

Solid Waste, Physical/Chemical Methods, EPA Publication SW-846.

(g) The following publications for air emission standards (in ad-

dition to (a) of this subsection).

(i) ASTM Standard Method for Analysis of Reformed Gas by Gas

Chromatography, ASTM Standard D1946-90 (2006).

(ii) ASTM Standard Test Method for Heat of Combustion of Hydro-

carbon Fuels by Bomb Calorimeter (High-Precision Method), ASTM Stand-

ard D4809-06.

(iii) ASTM Standard Practices for General Techniques of Ultravio-

let-Visible Quantitative Analysis, ASTM Standard E169-04.

(iv) ASTM Standard Practices for General Techniques of Infrared

Quantitative Analysis, ASTM Standard E168-06.

(v) ASTM Standard Practice for Packed Column Gas Chromatography,

ASTM Standard E260-96 (2006).

(vi) ASTM Standard Test Method for Aromatics in Light Naphthas

and Aviation Gasolines by Gas Chromatography, ASTM Standard D5580-02.

(vii) ASTM Standard Test Method for Vapor Pressure-Temperature

Relationship and Initial Decomposition Temperature of Liquids by Iso-

teniscope, ASTM Standard D2879-97 (2002)e1.

(viii) "APTI Course 415: Control of Gaseous Emissions," EPA Pub-

lication EPA-450/2-81-005, December 1981.

(ix) API Manual of Petroleum Measurement Standards (MPMS) chapter

19.2 (API MPMS 19.2), Evaporative Loss from External Floating-Roof


Tanks (formerly API Publications 2517 and 2519), Third Edition, Ameri-

can Petroleum Institute, Washington D.C., October 2012.

(h) The following publications:

(i) "NFPA 30 Flammable and Combustible Liquids Code" (2012),

available from the National Fire Protection Association, NFPA Head-

quarters, 1 Batterymarch Park, Quincy, MA 02169-7471.

(ii) U.S. EPA, "Screening Procedures for Estimating the Air Qual-

ity Impact of Stationary Sources, Revised," October 1992, EPA Publica-

tion No. EPA-450/R-92-019, Environmental Protection Agency, Research

Triangle Park, NC.

(iii) "ASTM Standard Test Methods for Preparing Refuse-Derived

Fuel (RDF) Samples for Analyses of Metals," ASTM Standard E926-94,

Test Method C-Bomb, Acid Digestion Method, available from American So-

ciety for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.

(iv) Method 1664, Revision A, n-Hexane Extractable Material (HEM;

Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material

(SGT-HEM; Nonpolar Material) by Extraction and Gravimetry. Available

from NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal

Road, Springfield, VA 22161.

(v) ASTM Standard Test Methods for Flash Point of Liquids by

Setaflash Closed Tester, ASTM Standard D3278-96 (2004)e1, available

from American Society for Testing and Materials.

(vi) ASTM Standard Test Methods for Flash Point by Pensky-Martens

Closed Tester, ASTM Standard D93-06.

(vii) API Manual of Petroleum Measurement Standards (MPMS) chap-

ter 19.2 (API MPMS 19.2), Evaporative Loss from External Floating-Roof

Tanks (formerly API Publications 2517 and 2519), Third Edition, Ameri-

can Petroleum Institute, Washington D.C., October 2012.

(4) Substantial changes to the testing methods described above

will be made only after the department has provided adequate oppor-

tunity for public review and comment on the proposed changes. The de-

partment may, at its discretion, schedule a public hearing on the pro-

posed changes.


(5) Equivalent testing methods. Any person may request department

approval for the use of an equivalent testing method by submitting a

petition, prepared in accordance with WAC 173-303-910(2), to the de-

partment.

(6) Reporting analytical results. Ecology requires that all test

methods report their analytical results for solid and soil samples on

a dry weight basis. Reporting on a dry weight basis compensates for

variability in water content and provides a consistent procedure for

all analytical results provided to ecology for designation purposes.

(7) "Ground-Water Monitoring List" Appendix IX to 40 C.F.R. Part

264 is replaced with the version in Appendix 5 of Chemical Testing

Methods for Designating Dangerous Waste, Department of Ecology Publi-

cation #97-407, revised December 2014. The Appendix "Ground-Water Mon-

itoring List" in Chemical Testing Methods includes the columns "Sug-

gested methods" and "PQL."














11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-110, filed 12/8/93,





§ 173-303-110, filed 1/4/89; WSR 86-12-057 (Order DE-85-10), § 173-


303-110, filed 6/3/86; WSR 84-14-031 (Order DE 84-22), § 173-303-110,

filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-110, filed

2/10/82.]

WAC 173-303-120 Recycled, reclaimed, and recovered wastes. (1)

This section describes the requirements for persons who recycle mate-

rials that are solid wastes and dangerous. Except as provided in sub-

sections (2) and (3) of this section, dangerous wastes that are recy-

cled are subject to the requirements for generators, transporters, and

storage facilities of subsection (4) of this section. Dangerous wastes

that are recycled will be known as "recyclable materials."

(2)(a) The following recyclable materials are solid wastes and

sometimes are dangerous wastes. However, they are subject only to the

requirements of (b) of this subsection, WAC 173-303-050, 173-303-145

and 173-303-960:

(i) Industrial ethyl alcohol that is reclaimed (except that, un-

less provided otherwise in an international agreement as specified in

40 C.F.R. 262.58: See export requirements at 40 C.F.R. 261.6 (3)(i)(A)

and (B) that are incorporated by reference at WAC 173-303-230(1));

(ii) Reserve;

(iii) Reserved;

(iv) Scrap metal that is not excluded under WAC 173-303-071

(3)(ff);

(v) Fuels produced from the refining of oil-bearing dangerous

wastes along with normal process streams at a petroleum refining fa-

cility if such wastes result from normal petroleum refining, produc-

tion, and transportation practices (this exemption does not apply to

fuels produced from oil recovered from oil-bearing dangerous wastes

where such recovered oil is already excluded under WAC 173-303-071

(3)(cc));

(vi) Reserve;

(vii) Coke and coal tar from the iron and steel industry that

contains dangerous waste from the iron and steel production process;


(viii)(A) Dangerous waste fuel produced from oil-bearing danger-

ous wastes from petroleum refining, production, or transportation

practices, or produced from oil reclaimed from such dangerous wastes,

where such dangerous wastes are reintroduced into a process that does

not use distillation or does not produce products from crude oil so

long as the resulting fuel meets the used oil specification under 40

C.F.R. 279.11 (which is incorporated by reference at WAC 173-303-

515(4)) and so long as no other dangerous wastes are used to produce

the dangerous waste fuel;

(B) Dangerous waste fuel produced from oil-bearing dangerous

waste from petroleum refining production, and transportation practic-

es, where such dangerous wastes are reintroduced into a refining pro-

cess after a point at which contaminants are removed, so long as the

fuel meets the used oil fuel specification under 40 C.F.R. 279.11

(which is incorporated by reference at WAC 173-303-515(4)); and

(C) Oil reclaimed from oil-bearing dangerous wastes from petrole-

um refining, production, and transportation practices, which reclaimed

oil is burned as a fuel without reintroduction to a refining process,

so long as the reclaimed oil meets the used oil fuel specification un-

der 40 C.F.R. 279.11 (which is incorporated by reference at WAC 173-

303-515(4)).

(b) Any recyclable material listed in (a) of this subsection will

be subject to the applicable requirements listed in subsection (4) of

this section if the department determines, on a case-by-case basis,

that:

(i) It is being accumulated, used, reused, or handled in a manner

that poses a threat to public health or the environment; or

(ii) Due to the dangerous constituent(s) in it, any use or reuse

would pose a threat to public health or the environment. Such recycla-

ble material will be listed in WAC 173-303-016(6).

(3) The recyclable materials listed in (a) through (h) of this

subsection are not subject to the requirements of this section but are

subject to the requirements of WAC 173-303-070 through 173-303-110,

173-303-160, 173-303-500 through 173-303-525, and all applicable pro-


visions of WAC 173-303-800 through 173-303-840. The recyclable materi-

als listed in (b), (d), (f) and (g) of this subsection are also sub-

ject to WAC 173-303-140.

In addition to these requirements, owners and operators of facil-

ities that receive recyclable materials from off-site are subject to

WAC 173-303-610 (2) and (12) and to WAC 173-303-620 (1)(e).

(a) Recycling requirements for state-only dangerous wastes (see

WAC 173-303-500);

(b) Recyclable materials used in a manner constituting disposal

(see WAC 173-303-505);

(c) Spent CFC or HCFC refrigerants that are recycled on-site or

sent to be reclaimed off-site (see WAC 173-303-506);

(d) Dangerous wastes burned (as defined in WAC 173-303-510

(1)(a)) in boilers and industrial furnaces that are not regulated un-

der Subpart O of 40 C.F.R. Part 265 or WAC 173-303-670 (see WAC 173-

303-510);

(e) Reserved;

(f) Spent lead-acid batteries that are being reclaimed (see WAC

173-303-520);

(g) Recyclable materials from which precious metals are reclaimed

(see WAC 173-303-525); and

(h) Spent antifreeze that is recycled on-site or sent to be recy-

cled off-site (see WAC 173-303-522).

(4) Those recycling processes not specifically discussed in sub-

sections (2) and (3) of this section are generally subject to regula-

tion only up to and including storage prior to recycling. For the pur-

pose of this section, the department may determine on a case-by-case

basis that recyclable materials received from off-site are not stored

if they are moved into an active recycling process within a period of

time not to exceed seventy-two hours after being received. In making

such a determination, the department will consider factors including,

but not limited to, the types and volumes of wastes being recycled,

operational factors of the recycling process, and the compliance his-

tory of the owner or operator. An active recycling process refers to a


dynamic recycling operation that occurs within a recycling unit such

as a distillation or centrifuge unit. The phrase does not refer to

passive storage-like activities that occur, for example, when tanks or

containers are used for phase separation or for settling impurities.

Passive storage-like activities are not eligible for the recycling ex-

emption under this subsection.

The recycling process itself is generally exempt from permitting

unless the department determines, on a case-by-case basis, that the

recycling process poses a threat to public health or the environment.

Unless specified otherwise in subsections (2) and (3) of this

section:

(a) Generators of recyclable materials are subject to all appli-

cable requirements of this chapter including, but not limited to, WAC

173-303-170 through 173-303-230;

(b) Transporters of recyclable materials are subject to all ap-

plicable requirements of this chapter including, but not limited to,

WAC 173-303-240 through 173-303-270;

(c) Owners or operators of facilities that receive recyclable ma-

terials from off-site and recycle these recyclable materials without

storing them before they are recycled are subject to the following re-

quirements:

(i) WAC 173-303-060,

(ii) WAC 173-303-120 (4)(e),

(iii) WAC 173-303-283 through 173-303-290,

(iv) WAC 173-303-310 through 173-303-395,

(v) WAC 173-303-610 (2) and (12),

(vi) WAC 173-303-620 (1)(e),

(vii) WAC 173-303-630 (2) through (10), and

(viii) WAC 173-303-640 (2) through (10) except that requirements

to post-closure planning or care in WAC 173-303-640(8) will not apply

to closure of recycling units. In lieu of the dates in WAC 173-303-640

(2) and (4), for existing tank systems regulated under this subsec-

tion, owners and operators must complete the assessment of the tank


system's integrity by June 1, 1992, and must meet the secondary con-

tainment requirements of WAC 173-303-640(4) by January 12, 1993;

(ix) The owner or operator must obtain data, by screening-type

analysis if necessary, confirming the designation of each waste

stream, such that each dangerous waste received can be effectively re-

cycled without jeopardizing human health or the environment. The owner

or operator must verify the waste designation periodically, so that it

is accurate and current, but at least once every six months or on a

batch basis if shipments of a specific waste stream are less frequent.

Copies of all analyses and data must be retained for at least five

years and made available to the department upon request.

(d) Owners and operators of facilities that store recyclable ma-

terials before they are recycled are subject to the following require-

ments including, but not limited to:

(i) For all recyclers, the applicable provisions of:

(A) WAC 173-303-280 through 173-303-395,

(B) WAC 173-303-800 through 173-303-840,

(C) WAC 173-303-140 (2)(a),

(D) WAC 173-303-120 (4)(e);

(ii) For recyclers with interim status permits, the applicable

storage provisions of WAC 173-303-400 including Subparts F through L

of 40 C.F.R. Part 265;

(iii) For recyclers with final facility permits, the applicable

storage provisions of:

(A) WAC 173-303-600 through 173-303-650, and

(B) WAC 173-303-660.

(e) Owners and operators of facilities subject to dangerous waste

permitting requirements with dangerous waste management units that re-

cycle hazardous wastes are subject to the requirements of WAC 173-303-

690, 173-303-691 (Air emission standards for process vents and equip-

ment leaks), and WAC 173-303-692 (Air emission standards for tanks,

surface impoundments, and containers) for final status facilities, and

40 C.F.R. Part 265 Subparts AA, BB, and CC, incorporated by reference

at WAC 173-303-400(3) for interim status facilities.


(5) Used oil that is recycled and is also a dangerous waste sole-

ly because it exhibits a dangerous waste characteristic or criteria is

not subject to the requirements of this chapter except for applicable

requirements of WAC 173-303-515 and the requirements of 40 C.F.R. Part

279, which is incorporated by reference at WAC 173-303-515. Used oil

that is recycled includes any used oil that is reused, following its

original use, for any purpose (including the purpose for which the oil

was originally used). Such term includes, but is not limited to, oil

that is re-refined, reclaimed, burned for energy recovery, or repro-

cessed.

(6) Hazardous waste that is exported to or imported from desig-

nated member countries of the Organization for Economic Cooperation

and Development (OECD) (as defined in 40 C.F.R. 262.58 (a)(1)) for

purpose of recovery is subject to the requirements of 40 C.F.R. Part

262, subpart H, if it is subject to either the manifesting require-

ments at WAC 173-303-180 or to the universal waste management stand-

ards of WAC 173-303-573.











11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-120, filed 12/8/93,






Chapter 70.105 RCW. WSR 88-18-083 (Order 88-29), § 173-303-120, filed


9/6/88; WSR 88-07-039 (Order 87-37), § 173-303-120, filed 3/11/88; WSR

87-14-029 (Order DE-87-4), § 173-303-120, filed 6/26/87; WSR 86-12-057

(Order DE-85-10), § 173-303-120, filed 6/3/86; WSR 84-14-031 (Order DE

84-22), § 173-303-120, filed 6/27/84. Statutory Authority: Chapter

70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-

303-120, filed 2/10/82.]

WAC 173-303-140 Land disposal restrictions. (1) Purpose.

(a) The purpose of this section is to encourage the best manage-

ment practices for dangerous wastes according to the priorities of RCW

70.105.150 which are, in order of priority:

(i) Reduction;

(ii) Recycling;

(iii) Physical, chemical, and biological treatment;

(iv) Incineration;

(v) Stabilization and solidification; and

(vi) Landfill.

(b) This section identifies dangerous wastes that are restricted

from land disposal, describes requirements for restricted wastes, and

defines the circumstances under which a prohibited waste may continue

to be land disposed.

(c) For the purposes of this section, the term "landfill," as

stated in the priorities of RCW 70.105.150, will be the same as the

term "land disposal." Land disposal will be used in this section to

identify the lowest waste management priority.

(2) Applicability.

The land disposal restrictions of this section apply to any per-

son who owns or operates a dangerous waste treatment, storage, or dis-

posal facility in Washington state and to any person who generates or

transports dangerous waste.

(a) Land disposal restrictions for wastes designated in accord-

ance with WAC 173-303-070 (3)(a)(i), (ii), and (iii) are the re-

strictions set forth by the Environmental Protection Agency in 40

C.F.R. Part 268 which are incorporated by reference into this regula-


tion, as modified in (c) through (f) of this subsection, and the re-

strictions set forth in subsections (3) through (7) of this section.

The words "regional administrator" (in 40 C.F.R.) will mean the "de-

partment," except for 40 C.F.R. Parts 268.5 and 268.6; 268 Subpart B;

268.42(b) and 268.44 (a) through (g). The authority for implementing

these excluded C.F.R. sections remains with the U.S. Environmental

Protection Agency. The word "EPA" (in 40 C.F.R.) means "Ecology" at 40

C.F.R. 268.44(m) and 268.45(a). The exemption and exception provisions

of subsections (3) through (7) of this section are not applicable to

the federal land disposal restrictions.

Where the federal regulations that have been incorporated by ref-

erence refer to 40 C.F.R. 260.11, data provided under this section

must instead meet the requirements of WAC 173-303-110.

(b) Land disposal restrictions for state-only dangerous waste are

the restrictions set forth in subsections (3) through (7) of this sec-

tion.

(c) Where 40 C.F.R. 268.7 (a)(1) is incorporated by reference,

delete the sentence "Alternatively, the generator must send the waste

to a RCRA-permitted dangerous waste treatment facility, where the

waste treatment facility must comply with the requirements of 264.13

of this chapter and 268.7(b) of this section."

(d) Where 40 C.F.R. 268.7 (a)(2) is incorporated by reference:

(i) Delete the words "or if the generator chooses not to make the

determination of whether his waste must be treated" from the first

sentence; and

(ii) Delete the sentence "(Alternatively, if the generator choos-

es not to make the determination of whether the waste must be treated,

the notification must include the EPA Hazardous Waste Numbers and Man-

ifest Number of the first shipment and must state 'This hazardous

waste may or may not be subject to the LDR treatment standards. The

treatment facility must make the determination'.)"

(e) Where 40 C.F.R. 268.7 (b)(6) is incorporated by reference,

replace the words "for the initial shipment of waste, prepare a one-

time certification described in paragraph (b)(4) of this section, and


a one-time notice which includes the information in paragraph (b)(3)

of this section (except the manifest number)" with the words "submit a

certification described in paragraph (b)(4) of this section, and a no-

tice which includes the information listed in paragraph (b)(3) of this

section (except for the manifest number) to the department for each

shipment".

(f) Where 40 C.F.R. 268.9(d) is incorporated by reference, re-

place paragraph (d) with the following: Wastes that exhibit a charac-

teristic are also subject to Section 268.7 requirements, except that

once the waste is no longer dangerous, a one-time notification and

certification must be placed in the generators or treaters files and

sent to the department. The notification and certification that is

placed in the generators or treaters files must be updated if the pro-

cess or operation generating the waste changes and/or if the subtitle

D facility receiving the waste changes. However, the generator or

treater need only notify the department on an annual basis if such

changes occur. Such notification and certification should be sent to

the department by the end of the calendar year, but no later than De-

cember 31.

(i) The notification must include the following information:

(A) Name and address of the RCRA Subtitle D facility receiving

the waste shipment; and

(B) A description of the waste as initially generated, including

the applicable dangerous waste code(s), treatability group(s), and un-

derlying hazardous constituents (as defined in Sec. 268.2(i)), unless

the waste will be treated and monitored for all underlying hazardous

constituents. If all underlying hazardous constituents will be treated

and monitored, there is no requirement to list any of the underlying

hazardous constituents on the notice.

(ii) The certification must be signed by an authorized repre-

sentative and must state the language found in Section 268.7 (b)(4).

If treatment removes the characteristic but does not meet stand-

ards applicable to underlying hazardous constituents, then the certi-

fication found in Sec. 268.7 (b)(4)(iv) applies.


(3) Definitions.

When used in this section the following terms have the meaning

provided in this subsection. All other terms have the meanings given

under WAC 173-303-040.

(a) "Dangerous waste constituents" means those constituents

listed in WAC 173-303-9905 and any other constituents which have

caused a waste to be a dangerous waste under this chapter.

(b) "Land disposal" means placement in a facility or on the land

with the intent of leaving the dangerous waste at closure, and in-

cludes, but is not limited to, placement for disposal purposes in a:

Landfill; surface impoundment; waste pile; injection well; land treat-

ment facility; salt dome or salt bed formation; underground cave or

mine; concrete vault or bunker.

(c) "Organic/carbonaceous waste" means a dangerous waste that

contains combined concentrations of greater than ten percent organ-

ic/carbonaceous constituents in the waste; organic/carbonaceous con-

stituents are those substances that contain carbon-hydrogen, carbon-

halogen, or carbon-carbon chemical bonding.

(d) "Solid acid waste" means a dangerous waste that exhibits the

characteristic of low pH under the corrosivity test of WAC 173-303-090

(6)(a)(iii).

(e) "Stabilization" and "solidification" mean a technique that

limits the solubility and mobility of dangerous waste constituents.

Solidification immobilizes a waste through physical means and stabili-

zation immobilizes the waste by bonding or chemically reacting with

the stabilizing material.

(4) Land disposal restrictions and prohibitions. The land dispos-

al requirements of this subsection apply to land disposal in Washing-

ton state.

(a) Disposal of extremely hazardous waste (EHW). No person may

land dispose of EHW, except as provided in subsection (5) of this sec-

tion, at any land disposal facility in the state. No person may land

dispose of EHW at the facility established under RCW 70.105.050, ex-

cept as provided by subsections (5), (6), and (7) of this section. A


person is encouraged to reclaim, recycle, recover, treat, detoxify,

neutralize, or otherwise process EHW to remove or reduce its harmful

properties or characteristics, provided that such processing is per-

formed in accordance with the requirements of this chapter.

(b) Disposal of liquid waste. Special requirements for bulk and

containerized liquids.

(i) The placement of bulk or noncontainerized liquid dangerous

waste or dangerous waste containing free liquids (whether or not

sorbents have been added) in any landfill is prohibited.

(ii) Containers holding free liquids must not be placed in a

landfill unless:

(A) All free-standing liquid:

(I) Has been removed by decanting, or other methods; or

(II) Has been mixed with sorbent or stabilized (solidified) so

that free-standing liquid is no longer observed; or

(III) Has been otherwise eliminated; or

(B) The container is very small, such as an ampule; or

(C) The container is designed to hold free liquids for use other

than storage, such as a battery or capacitor; or

(D) The container is a labpack and is disposed of in accordance

with WAC 173-303-161 and this chapter.

(iii) To demonstrate the absence or presence of free liquids in

either a containerized or a bulk waste, the following tests must be

used: Method 9095 (Paint Filter Liquids Test) as described in "Test

Methods for Evaluating Solid Wastes, Physical/Chemical Methods" EPA

Publication SW-846 as incorporated by reference in WAC 173-303-110

(3)(a).

(iv) Sorbents used to treat free liquids to be disposed of in

landfills must be nonbiodegradable. Nonbiodegradable sorbents are: Ma-

terials listed or described in (b)(iv)(A) of this subsection; materi-

als that pass one of the tests in (b)(iv)(B) of this subsection; or

materials that are determined by the department to be nonbiodegradable

through WAC 173-303-910.

(A) Nonbiodegradable sorbents.


(I) Inorganic minerals, other inorganic materials, and elemental

carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, ben-

tonite, calcium bentonite, montmorillonite, calcined montmorillonite,

kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate

(organic free limestone); oxides/hydroxides, alumina, lime, silica

(sand), diatomaceous earth; perlite (volcanic glass); expanded volcan-

ic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; acti-

vated charcoal/activated carbon); or

(II) High molecular weight synthetic polymers (e.g., polyeth-

ylene, high density polyethylene (HDPE), polypropylene, polystyrene,

polyurethane, polyacrylate, polynorborene, polyisobutylene, ground

synthetic rubber, cross-linked allylstyrene and tertiary butyl copoly-

mers). This does not include polymers derived from biological material

or polymers specifically designed to be degradable; or

(III) Mixtures of these nonbiodegradable materials.

(B) Tests for nonbiodegradable sorbents.

(I) The sorbent material is determined to be nonbiodegradable un-

der ASTM Method G21-96 (2002) - Standard Practice for Determining Re-

sistance of Synthetic Polymer Materials to Fungi; or

(II) The sorbent material is determined to be nonbiodegradable

under OECD (Organization for Economic Cooperation and Development)

test 301B: [CO2 Evolution (Modified Sturm Test)].

(v) The placement of any liquid which is not a dangerous waste in

a landfill is prohibited unless the owner or operator of such landfill

demonstrates to the department, or the department determines, that:

(A) The only reasonably available alternative to the placement in

such landfill is placement in a landfill or unlined surface impound-

ment, whether or not permitted or operating under interim status,

which contains, or may reasonably be anticipated to contain, hazardous

waste; and

(B) Placement in such owner or operator's landfill will not pre-

sent a risk of contamination of any underground source of drinking wa-

ter (as that term is defined in WAC 173-303-040).


(c) Disposal of solid acid waste. No person may land dispose sol-

id acid waste, except as provided in subsections (5), (6), or (7) of

this section. A person is encouraged to reclaim, recycle, recover,

treat, detoxify, neutralize, or otherwise process these wastes to re-

move or reduce their harmful properties or characteristics, provided

that such processing is performed in accordance with the requirements

of this chapter.

(d) Disposal of organic/carbonaceous waste.

(i) No person may land dispose organic/carbonaceous waste, except

as provided in subsections (5), (6), or (7) of this section. A person

is encouraged to reclaim, recycle, recover, treat, detoxify, or other-

wise process these wastes to remove or reduce their harmful properties

or characteristics, provided that such processing is performed in ac-

cordance with the requirements of this chapter. Organic/carbonaceous

wastes must be incinerated as a minimum management method according to

the dangerous waste management priorities as defined in subsection

(1)(a) of this section.

(ii) This prohibition against the land disposal of organ-

ic/carbonaceous waste does not apply to black mud generated from the

caustic leach recovery of cryolite at primary aluminum smelting

plants.

(iii) This prohibition against the land disposal of organ-

ic/carbonaceous waste does not apply to any person who certifies to

the department that recycling, treatment and incineration facilities

are not available within a radius of one thousand miles from Washing-

ton state's borders. Such certification must be sent to the department

by certified mail or other means that establish proof of receipt (in-

cluding applicable electronic means) and must include: The name, ad-

dress and telephone number of the person certifying; a brief descrip-

tion of the organic/carbonaceous waste covered by the certification; a

discussion of the efforts undertaken to identify available recycling,

treatment and incineration facilities; and the signature of the person

responsible for the certification and development of information used

to support the certification. Records and information supporting the


certification must be retained by the certifying person and must be

made available to the department upon request.

A certification that has been properly submitted to the depart-

ment will remain valid until the department determines that a recy-

cling, treatment or incineration facility is available within a radius

of one thousand miles from Washington state's borders and the person

who submitted the certification is unable to demonstrate otherwise. A

recycling, treatment or incineration facility will be considered by

the department to be available if such facility: Is operating, and;

can safely and legally recycle, treat or incinerate the organ-

ic/carbonaceous waste, and; has sufficient capacity to receive and

handle significant amounts of the waste, and; agrees to accept the

waste.

(5) Treatment in land disposal facilities. The land disposal re-

strictions in subsection (4) of this section do not apply to persons

treating dangerous wastes in surface impoundments, waste piles, or

land treatment facilities provided that such treatment is performed in

accordance with the requirements of this subsection and this chapter.

(a) Surface impoundment treatment.

Liquid waste, extremely hazardous waste (EHW), solid acid waste,

and organic/carbonaceous waste may be placed in surface impoundments

for purposes of treatment provided the owner/operator can demonstrate

that effective treatment of the dangerous waste constituents will oc-

cur and at closure the owner/operator complies with the prohibitions

and restrictions of subsection (4) of this section.

(b) Waste pile treatment.

Liquid waste, extremely hazardous waste (EHW), solid acid waste,

and organic/carbonaceous waste may be placed in waste piles for pur-

poses of treatment provided the owner/operator can demonstrate that

effective treatment of dangerous waste constituents will occur and

that at closure the owner/operator will be in compliance with the pro-

hibitions and restrictions of subsection (4) of this section.

(c) Land treatment.


Liquid waste, extremely hazardous waste (EHW), and organ-

ic/carbonaceous waste may be land treated provided that the own-

er/operator can demonstrate that effective treatment of dangerous

waste constituents will occur, and at the end of the post-closure care

period the owner/operator will be in compliance with subsection (4) of

this section.

(6) Case-by-case exemptions to a land disposal prohibition. Any

person may petition the department for an exemption from a prohibition

in subsection (4) of this section for the land disposal of a dangerous

waste. The procedures to submit a petition to the department are spec-

ified in WAC 173-303-910(6). The department may deny any petition if

it determines that there is a potential for dangerous waste constitu-

ents to migrate from the land disposal facility where the waste is to

be placed. The department will deny any petition when exemption would

result in a substantial or imminent threat to public health or the en-

vironment. The department will deny any petition when exemption would

result in a violation of applicable state laws.

The department may grant an exemption from the prohibitions and

restrictions of subsection (4) of this section based on the demonstra-

tions specified in (a), (b) or (c) of this subsection.

(a) Land disposal exemption for treatment residuals. Any person

may request an exemption from a land disposal prohibition in subsec-

tion (4) of this section for treatment residuals by demonstrating to

the department that:

(i) The person has applied the best achievable management method

to the original waste; and

(ii) Application of additional management methods to the treat-

ment residuals would prevent the person from utilizing the best

achievable management methods for the original dangerous waste; and

(iii) The land disposal of the treatment residuals does not pose

a greater risk to the public health and the environment than land dis-

posal of the original dangerous waste would pose.

(b) Economic hardship exemption. Any person may request an exemp-

tion from a prohibition in subsection (4) of this section for the land


disposal of a dangerous waste by demonstrating to the department that

alternative management of the dangerous waste will impose an unreason-

able economic burden in relation to the threat of harm to public

health and the environment. It will be solely within the discretion of

the department to approve or deny the requests for exemptions based on

economic hardship.

(c) Organic/carbonaceous waste exemption. Any person may request

an exemption from the requirements in subsection (4) of this section

by demonstrating to the department that:

(i) Alternative management methods for organic/carbonaceous waste

are less protective of public health and the environment than stabili-

zation or landfilling; or

(ii)(A) The organic/carbonaceous waste has a heat content less

than 3,000 BTU/LB or contains greater than sixty-five percent water or

other noncombustible moisture; and

(B) Incineration is the only management method available within a

radius of one thousand miles from Washington state's border (i.e., re-

cycling or treatment are not available).

(7) Emergency cleanup provision. The department may, on a case-

by-case basis, grant an exception to the land disposal restrictions in

subsection (4) of this section for an emergency cleanup where an immi-

nent threat to public health and the environment exists. Any exception

will require compliance with applicable state law and will require

(consistent with the nature of the emergency and imminent threat) ap-

plication of the waste management priorities of RCW 70.105.150.




303-140, filed 6/30/09, effective 7/31/09; WSR 03-07-049 (Order 02-

03), § 173-303-140, filed 3/13/03, effective 4/13/03; WSR 98-03-018



11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-140, filed 12/8/93,



057 (Order DE 83-36), § 173-303-140, filed 1/5/88, effective 2/5/88;

WSR 84-09-088 (Order DE 83-36), § 173-303-140, filed 4/18/84. Statuto-

ry Authority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Or-

der DE 81-33), § 173-303-140, filed 2/10/82.]

WAC 173-303-160 Containers. (1) Waste quantity. Containers and

inner liners will not be considered as a part of the waste when meas-

uring or calculating the quantity of a dangerous waste. Only the

weight of the residues in nonempty or nonrinsed containers or inner

liners will be considered when determining waste quantities.

(2) A container or inner liner is "empty" when:

(a) All wastes in it have been taken out that can be removed us-

ing practices commonly employed to remove materials from that type of

container or inner liner (for example, pouring, pumping, aspirating,

etc.) and:

(i) No more than one inch of waste remains at the bottom of the

container or inner liner; or

(ii) No more than 3 percent by weight of the total capacity of

the container remains in the container or inner liner if the container

is less than or equal to 119 gallons in size; or

(iii) No more than 0.3 percent by weight of the total capacity of

the container remains in the container or inner liner if the container

is greater than 119 gallons in size.

A container that held compressed gas is empty when the pressure

inside the container equals or nearly equals atmospheric pressure; and

(b) If the container or inner liner held acutely hazardous waste,

as defined in WAC 173-303-040, toxic EHW as defined in WAC 173-303-100

or pesticides bearing the danger or warning label, the container or

inner liner has been rinsed at least three times with an appropriate

cleaner or solvent. The volume of cleaner or solvent used for each

rinsing must be ten percent or more of the container's or inner lin-

er's capacity or of sufficient quantity to thoroughly decontaminate

the container. In lieu of rinsing for containers that might be damaged

or made unusable by rinsing with liquids (for example, fiber or card-


board containers without inner liners), an empty container may be vac-

uum cleaned, struck, with the open end of the container up, three

times (for example, on the ground, with a hammer or hand) to remove or

loosen particles from the inner walls and corners, and vacuum cleaned

again. Equipment used for the vacuum cleaning of residues from con-

tainers or inner liners must be decontaminated before discarding, in

accordance with procedures approved by the department. A container or

inner liner is also considered "empty" if the container or inner liner

has been cleaned by another method that has been shown in the scien-

tific literature, or by tests conducted by the generator, to achieve

equivalent removal.

Any rinsate or vacuumed residue that results from the cleaning of

containers or inner liners must, whenever possible, be reused in a

manner consistent with the original intended purpose of the substance

in the container or inner liner. In the case of a farmer, if the

rinsate is a pesticide residue then the rinsate must be managed or re-

used in a manner consistent with the application instructions on the

pesticide label. On-site disposal or burial of pesticide residues is

prohibited. Otherwise, the rinsate must be checked against the desig-

nation requirements (WAC 173-303-070 through 173-303-100) and, if des-

ignated, managed according to the requirements of this chapter.

(c) In the case of a container, the inner liner, that prevented

the container from contact with the commercial chemical product or

manufacturing chemical, has been removed.

(3)(a) Any residues remaining in containers or inner liners that

are "empty" as described in subsection (2) of this section will not be

subject to the requirements of this chapter, and will not be consid-

ered as accumulated wastes for the purposes of calculating waste quan-

tities.

(b) Any dangerous waste in either: A container that is not empty,

or an inner liner removed from a container that is not empty (as de-

fined in subsection (2) of this section) is subject to the require-

ments of this chapter.


(4) A person who cannot meet the provisions in (2)(b) of this

section may petition the department to approve alternative container

rinsing processes in accordance with WAC 173-303-910(1).

(5) Healthcare facilities and pharmaceutical reverse distributors

operating under WAC 173-303-555 are subject to WAC 173-303-555(8) for

the management of dangerous waste pharmaceutical residues in contain-

ers, in lieu of this section.




70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-160, filed 5/10/00,


RCW. WSR 98-03-018 (Order 97-03), § 173-303-160, filed 1/12/98, effec-

tive 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-160, filed


160, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters

70.105 and 70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42

U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-160, filed


86-12-057 (Order DE-85-10), § 173-303-160, filed 6/3/86; WSR 84-09-088

(Order DE 83-36), § 173-303-160, filed 4/18/84. Statutory Authority:

Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33),

§ 173-303-160, filed 2/10/82. Formerly WAC 173-302-140.]

WAC 173-303-170 Requirements for generators of dangerous waste.

(1) A person is a dangerous waste generator if their solid waste is

designated by the requirements of WAC 173-303-070 through 173-303-100.

(a) The generator is responsible for designating their waste as

DW or EHW.

(b) The generator may request an exemption for their dangerous

waste according to the procedures of WAC 173-303-072.

(2) A dangerous waste generator must notify the department and

obtain an EPA/state identification number as required by WAC 173-303-


060, and must comply with the requirements of WAC 173-303-170 through

173-303-230.

(3) Any generator who stores, treats, or disposes of dangerous

waste on-site must perform their operations in accordance with the TSD

facility requirements (as specified by WAC 173-303-600) with the fol-

lowing exceptions:

(a) Generators who accumulate dangerous wastes for less than

ninety days as allowed under WAC 173-303-200 or for less than one hun-

dred eighty days as allowed under WAC 173-303-201 and 173-303-202;

(b) Generators who treat dangerous waste on-site in accumulation

tanks, containers, and containment buildings provided that the genera-

tor maintains a log showing the date and amount of waste treated and

complies with:

(i) The applicable requirements of WAC 173-303-200, 173-303-201,

and 173-303-202; and

(ii) WAC 173-303-283(3);

(c) Generators who treat special waste on-site provided:

(i) The accumulation standards of WAC 173-303-073 (2)(a) and (b)

are met;

(ii) When treated in units other than tanks or containers, the

unit is designed, constructed, and operated in a manner that prevents:

(A) A release of waste and waste constituents to the environment;

(B) Endangerment of health of employees or the public;

(C) Excessive noise;

(D) Negative aesthetic impact on the use of adjacent property.

(iii) The treatment unit must also be inspected routinely for de-

terioration that would lead to a release and repairs must be conducted

promptly.

(4) The generator must comply with the special land disposal re-

strictions for certain dangerous wastes in WAC 173-303-140.

(5) Persons responding to an explosives or munitions emergency in

accordance with WAC 173-303-400 (2)(c)(xiii)(A)(IV) or 173-303-600

(3)(p)(i)(D) or (3)(p)(iv), and WAC 173-303-800 (7)(c)(i)(D) or


(7)(c)(i)(E) are not required to comply with the standards of WAC 173-

303-170 through 173-303-230.

(6) Any person who exports or imports hazardous waste subject to

the manifesting requirements of WAC 173-303-180, the universal waste

management standards of WAC 173-303-573, or to the export requirements

in the spent lead-acid battery management standards of WAC 173-303-

520, or from the countries listed in 40 C.F.R. 262.58 (a)(1) for re-

covery must comply with 40 C.F.R. 262 subpart H. 40 C.F.R. 262 subpart

H is incorporated by reference at WAC 173-303-230(1).

(7) The laboratories owned by an eligible academic entity that

chooses to be subject to the requirements of WAC 173-303-235 are not

subject to (for purposes of this subsection, the terms "laboratory"

and "eligible academic entity" shall have the meaning as defined in

WAC 173-303-235(1)):

(a) The requirements of WAC 173-303-070(3) or 173-303-200(2), for

large quantity generators and generators regulated under WAC 173-303-

201, except as provided in WAC 173-303-235; and

(b) The conditions of WAC 173-303-070 (8)(b), for small quantity

generators, except as provided in WAC 173-303-235.

(8) All pharmaceutical reverse distributors (as defined in WAC

173-303-555(1)) are subject to WAC 173-303-555 for the management of

dangerous waste pharmaceuticals in lieu of this section.

(9) Each healthcare facility (as defined in WAC 173-303-555(1))

must determine whether it is subject to WAC 173-303-555 for the man-

agement of dangerous waste pharmaceuticals, based on the total danger-

ous waste it generates per calendar month (including pharmaceutical

dangerous waste and non-pharmaceutical dangerous waste). Healthcare

facilities that generate (or accumulate) more than the following quan-

tities of dangerous waste per calendar month are subject to WAC 173-

303-555 for the management of dangerous waste pharmaceuticals in lieu

of this section:

(a) 220 pounds of dangerous waste; or more than

(b) 2.2 pounds of either acute hazardous waste or WT01 extremely

hazardous waste or any combination of the two; or more than

(c) 220 pounds per calendar month of any residue or contaminated

soil, waste, or other debris, resulting from the clean-up of a spill,

into or on any land or water, of any acute hazardous wastes listed in

WAC 173-303-9903 or 173-303-9904.


(10) Law enforcement agencies managing dangerous waste pharmaceu-

ticals have the option of complying with WAC 173-303-555(7) and (9)

with respect only to dangerous waste pharmaceuticals held in their

custody. Law enforcement agencies remain subject to all applicable

dangerous waste regulations with respect to the management of its oth-

er dangerous wastes.





Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 03-07-049



70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-170, filed 5/10/00,


RCW. WSR 95-22-008 (Order 94-30), § 173-303-170, filed 10/19/95, ef-

fective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-170, filed

12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW.

WSR 88-02-057 (Order DE 83-36), § 173-303-170, filed 1/5/88, effective

2/5/88; WSR 87-14-029 (Order DE-87-4), § 173-303-170, filed 6/26/87;

WSR 86-12-057 (Order DE-85-10), § 173-303-170, filed 6/3/86; WSR 84-

09-088 (Order DE 83-36), § 173-303-170, filed 4/18/84. Statutory Au-

thority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE

81-33), § 173-303-170, filed 2/10/82.]

WAC 173-303-235 Alternative requirements for eligible academic

laboratories. (1) The following definitions apply to this section:

(a) "Authorized representative" means the person responsible for

the overall operation of a facility or an operational unit (i.e., part

of a facility), e.g., the plant manager, superintendent or person of

equivalent responsibility.

(b) "Central accumulation area" means an on-site dangerous waste

accumulation area subject to either WAC 173-303-200 (large quantity

generators) or 173-303-201 (persons who generate more than two hundred


twenty pounds but less than two thousand two hundred pounds per calen-

dar month of dangerous waste). A central accumulation area at an eli-

gible academic entity that chooses to be subject to this section must

also comply with subsection (12) of this section when accumulating un-

wanted material and/or dangerous waste.

(c) "College/university" means a private or public, postsecond-

ary, degree-granting, academic institution, that is accredited by an

accrediting agency listed annually by the U.S. Department of Educa-

tion.

(d) "Eligible academic entity" means a college or university, or

a nonprofit research institute that is owned by or has a formal writ-

ten affiliation agreement with a college or university, or a teaching

hospital that is owned by or has a formal written affiliation agree-

ment with a college or university.

(e) "Formal written affiliation agreement" for a nonprofit re-

search institute means a written document that establishes a relation-

ship between institutions for the purposes of research and/or educa-

tion and is signed by authorized representatives from each institu-

tion. A relationship on a project-by-project or grant-by-grant basis

is not considered a formal written affiliation agreement. A formal

written affiliation agreement for a teaching hospital means a master

affiliation agreement and program letter of agreement, as defined by

the Accreditation Council for Graduate Medical Education, with an ac-

credited medical program or medical school.

(f) "Laboratory" means an area owned by an eligible academic en-

tity where relatively small quantities of chemicals and other sub-

stances are used on a nonproduction basis for teaching or research (or

diagnostic purposes at a teaching hospital) and are stored and used in

containers that are easily manipulated by one person. Photo laborato-

ries, art studios, and field laboratories are considered laboratories.

Areas such as chemical stockrooms and preparatory laboratories that

provide a support function to teaching or research laboratories (or

diagnostic laboratories at teaching hospitals) are also considered la-

boratories.


(g) "Laboratory clean-out" means an evaluation of the inventory

of chemicals and other materials in a laboratory that are no longer

needed or that have expired and the subsequent removal of those chemi-

cals or other unwanted materials from the laboratory. A clean-out may

occur for several reasons. It may be on a routine basis (e.g., at the

end of a semester or academic year) or as a result of a renovation,

relocation, or change in laboratory supervisor/occupant. A regularly

scheduled removal of unwanted material as required by subsection (9)

of this section does not qualify as a laboratory clean-out.

(h) "Laboratory worker" means a person who handles chemicals

and/or unwanted material in a laboratory and may include, but is not

limited to, faculty, staff, postdoctoral fellows, interns, research-

ers, technicians, supervisors/managers, and principal investigators. A

person does not need to be paid or otherwise compensated for his/her

work in the laboratory to be considered a laboratory worker. Under-

graduate and graduate students in a supervised classroom setting are

not laboratory workers.

(i) "Nonprofit research institute" means an organization that

conducts research as its primary function and files as a nonprofit or-

ganization under the tax code of 26 U.S.C. 501(c)(3).

(j) "Reactive acutely hazardous unwanted material" means an un-

wanted material that is one of the acutely hazardous commercial chemi-

cal products listed in WAC 173-303-9903 for reactivity.

(k) "Teaching hospital" means a hospital that trains students to

become physicians, nurses, or other health or laboratory personnel.

(l) "Trained professional" means a person who has completed the

applicable dangerous waste training requirements of WAC 173-303-200

(1)(e)(i) for large quantity generators, or is knowledgeable about

normal operations and emergencies in accordance with WAC 173-303-201

(2)(c)(iii) for generators regulated under WAC 173-303-201 and small

quantity generators. A trained professional may be an employee of the

eligible academic entity or may be a contractor or vendor who meets

the requisite training requirements.


(m) "Unwanted material" means any chemical, mixtures of chemi-

cals, products of experiments or other material from a laboratory that

is no longer needed, wanted or usable in the laboratory and that is

destined for dangerous waste determination by a trained professional.

Unwanted materials include reactive acutely hazardous unwanted materi-

als and materials that may eventually be determined not to be solid

waste pursuant to WAC 173-303-016, or a dangerous waste pursuant to

WAC 173-303-070(2). If an eligible academic entity elects to use an-

other equally effective term in lieu of unwanted material, as allowed

by subsection (7)(a)(i)(A) of this section, the equally effective term

has the same meaning and is subject to the same requirements as un-

wanted material under this section.

(n) "Working container" means a small container (i.e., two gal-

lons or less) that is in use at a laboratory bench, hood, or other

work station, to collect unwanted material from a laboratory experi-

ment or procedure.

(2) Purpose and applicability.

(a) Large quantity generators and generators regulated under WAC

173-303-201. This section provides alternative requirements to the re-

quirements in WAC 173-303-070(3) and 173-303-200(2) for the dangerous

waste determination and accumulation of dangerous waste in laborato-

ries owned by eligible academic entities that choose to be subject to

this section, provided that they complete the notification require-

ments in subsection (4) of this section.

(b) Small quantity generators. This section provides alternative

requirements to the conditional exemption in WAC 173-303-070 (8)(b)

for the accumulation of dangerous waste in laboratories owned by eli-

gible academic entities that choose to be subject to this section,

provided that they complete the notification requirements of subsec-

tion (4) of this section.

(3) This section is optional.


173-303-201: Eligible academic entities have the option of complying

with this section with respect to its laboratories, as an alternative


to complying with the requirements of WAC 173-303-070(3) and 173-303-

200(2).

(b) Small quantity generators: Eligible academic entities have

the option of complying with this section with respect to its labora-

tories, as an alternative to complying with the conditional exemption

of WAC 173-303-070 (8)(b).

(4) How an eligible academic entity indicates it will be subject

to the requirements of this section.

(a) An eligible academic entity must notify the department in

writing, using the Washington State Dangerous Waste Site Identifica-

tion form, that it is electing to be subject to the requirements of

this section for all the laboratories owned by the eligible academic

entity under the same EPA/state identification number. An eligible ac-

ademic entity that is a small quantity generator must notify that it

is electing to be subject to the requirements of this section for all

the laboratories owned by the eligible academic entities that are on-

site. An eligible academic entity must submit a separate notification

(Washington State Dangerous Waste Site Identification form) for each

EPA/state identification number that is electing to be subject to the

requirements of this section, and must submit the Washington State

Dangerous Waste Site Identification form before it begins operating

under this section.

(b) When submitting the Washington State Dangerous Waste Site

Identification form, the eligible academic entity must completely fill

out the form according to the form instructions including, but not

limited to, the following fields:

(i) Reason for submittal;

(ii) Site EPA/state identification number;

(iii) Site name;

(iv) Site location information;

(v) Site land type;

(vi) North American Industry Classification System (NAICS)

code(s) for the site;

(vii) Site mailing address;


(viii) Site contact person;

(ix) Operator and legal owner of the site;

(x) Type of regulated waste activity;

(xi) Certification.

(c) An eligible academic entity must keep a copy of the notifica-

tion on file at the eligible academic entity for as long as its labor-

atories are subject to this section.

(d) A teaching hospital that is not owned by a college or univer-

sity must keep a copy of its formal written affiliation agreement with

a college or university on file at the teaching hospital for as long

as its laboratories are subject to this section.

(e) A nonprofit research institute that is not owned by a college

or university must keep a copy of its formal written affiliation

agreement with a college or university on file at the nonprofit re-

search institute for as long as its laboratories are subject to this

section.

(5) How an eligible academic entity indicates it will withdraw

from the requirements of this section.

(a) An eligible academic entity must notify in writing, using the

Washington State Dangerous Waste Site Identification form, that it is

electing to no longer be subject to the requirements of this section

for all the laboratories owned by the eligible academic entity under

the same EPA/state identification number and that it will comply with

the requirements of WAC 173-303-070(3) and 173-303-200(2) for large

quantity generators and for generators regulated under WAC 173-303-

201. An eligible academic entity that is a small quantity generator

must also notify that it is withdrawing from the requirements of this

section for all the laboratories owned by the eligible academic entity

that are under the same EPA/state identification number and that it

will comply with the conditional exemption in WAC 173-303-070(8). An

eligible academic entity must submit a separate notification (Washing-

ton State Dangerous Waste Site Identification form) for each EPA/state

identification number that is withdrawing from the requirements of

this section and must submit the Washington State Dangerous Waste Site


Identification form before it begins operating under the requirements

of WAC 173-303-070(3) and 173-303-200(2) for large quantity generators

and for generators regulated under WAC 173-303-201 or 173-303-070(8)

for small quantity generators.

(b) When submitting the Washington State Dangerous Waste Site

Identification form, the eligible academic entity must completely fill

out the form according to the form instructions including, but not

limited to, the following fields:

(i) Reason for submittal;

(ii) Site EPA/state identification number;

(iii) Site name;

(iv) Site location information;

(v) Site land type;

(vi) North American Industry Classification System (NAICS)

code(s) for the site;

(vii) Site mailing address;

(viii) Site contact person;

(ix) Operator and legal owner of the site;

(x) Type of regulated waste activity;

(xi) Certification.

(c) An eligible academic entity must keep a copy of the withdraw-

al notice on file at the eligible academic entity for three years from

the date of the notification.

(6) Summary of the requirements of this section. An eligible aca-

demic entity that chooses to be subject to this section is not re-

quired to have interim status or a final facility Part B permit for

the accumulation of unwanted material and dangerous waste in its la-

boratories, provided the laboratories comply with the provisions of

this section and the eligible academic entity has a laboratory manage-

ment plan (LMP) in accordance with subsection (15) of this section

that describes how the laboratories owned by the eligible academic en-

tity will comply with the requirements of this section.

(7) Labeling and management standards for containers of unwanted

material in the laboratory. An eligible academic entity must manage


containers of unwanted material while in the laboratory in accordance

with the requirements in this section.

(a) Labeling: Label unwanted material as follows:

(i) The following information must be affixed or attached to the

container:

(A) The words "unwanted material" or another equally effective

term that is to be used consistently by the eligible academic entity

and that is identified in Part I of the laboratory management plan;

(B) The date that the unwanted material first began accumulating

in the container; and

(C) Sufficient information to alert emergency responders to the

contents of the container. Examples of information that would be suf-

ficient to alert emergency responders to the contents of the container

include, but are not limited to:

(I) The name of the chemical(s);

(II) The type or class of chemical, such as organic solvents or

halogenated organic solvents;

(III) The risk(s) associated with the unwanted material.

(ii) The following information may be affixed or attached to the

container, but must at a minimum be associated with the container.

This includes information sufficient to allow a trained profes-

sional to properly identify whether an unwanted material is a solid

and dangerous waste and to assign the proper dangerous waste code(s),

pursuant to WAC 173-303-070(3). Examples of information that would al-

low a trained professional to properly identify whether an unwanted

material is a solid or dangerous waste include, but are not limited

to:

(A) The name and/or description of the chemical contents or com-

position of the unwanted material, or, if known, the product of the

chemical reaction;

(B) Whether the unwanted material has been used or is unused;

(C) A description of the manner in which the chemical was pro-

duced or processed, if applicable.


(b) Management of containers in the laboratory: An eligible aca-

demic entity must properly manage containers of unwanted material in

the laboratory to assure safe storage of the unwanted material, to

prevent leaks, spills, emissions to the air, adverse chemical reac-

tions, and dangerous situations that may result in harm to human

health or the environment. Proper container management must include

the following:

(i) Containers are maintained and kept in good condition and dam-

aged containers are replaced, overpacked, or repaired;

(ii) Containers are compatible with their contents to avoid reac-

tions between the contents and the container and are made of, or lined

with, material that is compatible with the unwanted material so that

the container's integrity is not impaired; and

(iii) Containers must be kept closed at all times, except:

(A) When adding, removing or bulking unwanted material;

(B) A working container may be open until the end of the proce-

dure or work shift, or until it is full, whichever comes first, at

which time the working container must either be closed or the contents

emptied into a separate container that is then closed; or

(C) When venting of a container is necessary.

(I) For the proper operation of laboratory equipment, such as

with in-line collection of unwanted materials from high performance

liquid chromatographs; or

(II) To prevent dangerous situations, such as build-up of extreme

pressure.

(8) Training. An eligible academic entity must provide training

to all individuals working in a laboratory at the eligible academic

entity, as follows:

(a) Training for laboratory workers and students must be commen-

surate with their duties so they understand the requirements in this

section and can implement them.

(b) An eligible academic entity can provide training for labora-

tory workers and students in a variety of ways including, but not lim-

ited to:


(i) Instruction by the professor or laboratory manager before or

during an experiment;

(ii) Formal classroom training;

(iii) Electronic/written training;

(iv) On-the-job training; or

(v) Written or oral exams.

(c) An eligible academic entity that is a large quantity genera-

tor must maintain documentation for the durations specified in WAC

173-303-330(3) demonstrating training for all laboratory workers that

is sufficient to determine whether laboratory workers have been

trained. Examples of documentation demonstrating training can include,

but are not limited to, the following:

(i) Sign-in/attendance sheet(s) for training session(s);

(ii) Syllabus for training session;

(iii) Certificate of training completion; or

(iv) Test results.

(d) A trained professional must:

(i) Accompany the transfer of unwanted material and dangerous

waste when the unwanted material and dangerous waste is removed from

the laboratory; and

(ii) Make the dangerous waste determination, pursuant to WAC 173-

303-070(3), for unwanted material.

(9) Removing containers of unwanted material from the laboratory.

(a) Removing containers of unwanted material on a regular sched-

ule. An eligible academic entity must either:

(i) Remove all containers of unwanted material from each labora-

tory on a regular interval, not to exceed six months; or

(ii) Remove containers of unwanted material from each laboratory

within six months of each container's accumulation start date.

(b) The eligible academic entity must specify in Part I of its

laboratory management plan whether it will comply with (a)(i) or (ii)

of this subsection for the regular removal of unwanted material from

its laboratories.


(c) The eligible academic entity must specify in Part II of its

laboratory management plan how it will comply with (a)(i) or (ii) of

this subsection and develop a schedule for regular removals of unwant-

ed material from its laboratories.

(d) Removing containers of unwanted material when volumes are ex-

ceeded.

(i) If a laboratory accumulates a total volume of unwanted mate-

rial (including reactive acutely hazardous unwanted material) in ex-

cess of fifty-five gallons before the regularly scheduled removal, the

eligible academic entity must ensure that all containers of unwanted

material in the laboratory (including reactive acutely hazardous un-

wanted material):

(A) Are marked on the label that is affixed or attached to the

container with the date that fifty-five gallons is exceeded; and

(B) Are removed from the laboratory within ten calendar days of

the date that fifty-five gallons was exceeded, or at the next regular-

ly scheduled removal, whichever comes first.

(ii) If a laboratory accumulates more than one quart (or 2.2

pounds) of reactive acutely hazardous unwanted material before the

regularly scheduled removal, the eligible academic entity must ensure

that all containers of reactive acutely hazardous unwanted material:

(A) Are marked on the label that is affixed or attached to the

container with the date that one quart (or 2.2 pounds) is exceeded;

and

(B) Are removed from the laboratory within ten calendar days of

the date that one quart (or 2.2 pounds) was exceeded, or at the next

regularly scheduled removal, whichever comes first.

(10) Where and when to make the dangerous waste determination and

where to send containers of unwanted material upon removal from the

laboratory.


173-303-201 - An eligible academic entity must ensure that a trained

professional makes a dangerous waste determination, pursuant to WAC

173-303-070(3), for unwanted material in any of the following areas:


(i) In the laboratory before the unwanted material is removed

from the laboratory, in accordance with subsection (11) of this sec-

tion;

(ii) Within four calendar days of arriving at an on-site central

accumulation area, in accordance with subsection (12) of this section;

and

(iii) Within four calendar days of arriving at an on-site interim

status or permitted treatment, storage or disposal facility, in ac-

cordance with subsection (13) of this section.

(b) Small quantity generators - An eligible academic entity must

ensure that a trained professional makes a dangerous waste determina-

tion, pursuant to WAC 173-303-070(3), for unwanted material in the la-

boratory before the unwanted material is removed from the laboratory,

in accordance with subsection (11) of this section.

(11) Making the dangerous waste determination in the laboratory

before the unwanted material is removed from the laboratory. If an el-

igible academic entity makes the dangerous waste determination, pursu-

ant to WAC 173-303-070(3), for unwanted material in the laboratory, it

must comply with the following:

(a) A trained professional must make the dangerous waste determi-

nation, pursuant to WAC 173-303-070(3), before the unwanted material

is removed from the laboratory.

(b) If an unwanted material is a dangerous waste, the eligible

academic entity must:

(i) Write the words "hazardous waste" or "dangerous wastes" on

the container label that is affixed or attached to the container, be-

fore the dangerous waste may be removed from the laboratory; and

(ii) Write the appropriate dangerous waste code(s) on the label

that is associated with the container (or on the label that is affixed

or attached to the container, if that is preferred) before the danger-

ous waste is transported off-site; and

(iii) Count the dangerous waste toward the eligible academic en-

tity's generator status, pursuant to WAC 173-303-070 (7)(c) and (d),

in the calendar month that the dangerous waste determination was made.


(c) A trained professional must accompany all dangerous waste

that is transferred from the laboratory(ies) to an on-site central ac-

cumulation area or on-site interim status or permitted treatment,

storage or disposal facility.

(d) When dangerous hazardous waste is removed from the laborato-

ry:

(i) Large quantity generators and generators regulated under WAC

173-303-201 must ensure it is taken directly from the laboratory(ies)

to an on-site central accumulation area, or on-site interim status or

permitted treatment, storage or disposal facility, or transported off-

site.

(ii) Small quantity generators must ensure it is taken directly

from the laboratory(ies) to any of the types of facilities listed in

WAC 173-303-070 (8)(b) for dangerous waste.

(e) An unwanted material that is a dangerous waste is subject to

all applicable dangerous waste regulations when it is removed from the

laboratory.

(12) Making the dangerous waste determination at an on-site cen-

tral accumulation area. If an eligible academic entity makes the dan-

gerous waste determination, pursuant to WAC 173-303-070(3), for un-

wanted material at an on-site central accumulation area, it must com-

ply with the following:

(a) A trained professional must accompany all unwanted material

that is transferred from the laboratory(ies) to an on-site central ac-

cumulation area.

(b) All unwanted material removed from the laboratory(ies) must

be taken directly from the laboratory(ies) to the on-site central ac-

cumulation area.

(c) The unwanted material becomes subject to the generator accu-

mulation regulations of WAC 173-303-200 (1)(b)(i) for large quantity

generators or WAC 173-303-201 and 173-303-202 for generators regulated

under WAC 173-303-201 as soon as it arrives in the central accumula-

tion area.


(d) A trained professional must determine, pursuant to WAC 173-

303-070(3), if the unwanted material is a dangerous waste within four

calendar days of the unwanted materials' arrival at the on-site cen-

tral accumulation area.

(e) If the unwanted material is a dangerous waste, the eligible


(i) Write the words "hazardous waste" or "dangerous waste" on the

container label that is affixed or attached to the container, within

four calendar days of arriving at the on-site central accumulation ar-

ea and before the dangerous waste may be removed from the on-site cen-

tral accumulation area;

(ii) Write the appropriate dangerous waste code(s) on the con-

tainer label that is associated with the container (or on the label

that is affixed or attached to the container, if that is preferred)

before the dangerous waste may be treated or disposed of on-site or

transported off-site;


tity's generator status, pursuant to WAC 173-303-070 (7)(c) and (d) in

the calendar month that the dangerous waste determination was made;

and

(iv) Manage the dangerous waste according to all applicable dan-

gerous waste regulations.

(13) Making the dangerous waste determination at an on-site in-

terim status or permitted treatment, storage or disposal facility.

If an eligible academic entity makes the dangerous waste determi-

nation, pursuant to WAC 173-303-070(3), for unwanted material at an

on-site interim status or permitted treatment, storage or disposal fa-

cility, it must comply with the following:

(a) A trained professional must accompany all unwanted material

that is transferred from the laboratory(ies) to an on-site interim

status or permitted treatment, storage or disposal facility.

(b) All unwanted material removed from the laboratory(ies) must

be taken directly from the laboratory(ies) to the on-site interim sta-

tus or permitted treatment, storage or disposal facility.


(c) The unwanted material becomes subject to the terms of the el-

igible academic entity's dangerous waste permit or interim status as

soon as it arrives in the on-site treatment, storage or disposal fa-

cility.

(d) A trained professional must determine, pursuant to WAC 173-

303-070(3), if the unwanted material is a dangerous waste within four

calendar days of the unwanted materials' arrival at an on-site interim

status or permitted treatment, storage or disposal facility.

(e) If the unwanted material is a dangerous waste, the eligible


(i) Write the words "hazardous waste" or "dangerous waste" on the

container label that is affixed or attached to the container within

four calendar days of arriving at the on-site interim status or per-

mitted treatment, storage or disposal facility and before the danger-

ous waste may be removed from the on-site interim status or permitted

treatment, storage or disposal facility; and

(ii) Write the appropriate dangerous waste code(s) on the con-

tainer label that is associated with the container (or on the label

that is affixed or attached to the container, if that is preferred)

before the dangerous waste may be treated or disposed on-site or

transported off-site; and


tity's generator status, pursuant to WAC 173-303-070 (7)(c) and (d) in

the calendar month that the dangerous waste determination was made;

and

(iv) Manage the dangerous waste according to all applicable dan-

gerous waste regulations.

(14) Laboratory clean-outs.

(a) One time per twelve-month period for each laboratory, an eli-

gible academic entity may opt to conduct a laboratory clean-out that

is subject to all the applicable requirements of this section, except

that:

(i) If the volume of unwanted material in the laboratory exceeds

fifty-five gallons (or one quart of reactive acutely hazardous unwant-


ed material), the eligible academic entity is not required to remove

all unwanted materials from the laboratory within ten calendar days of

exceeding fifty-five gallons (or one quart of reactive acutely hazard-

ous unwanted material), as required by subsection (9) of this section.

Instead, the eligible academic entity must remove all unwanted materi-

als from the laboratory within thirty calendar days from the start of

the laboratory clean-out; and

(ii) For the purposes of on-site accumulation, an eligible aca-

demic entity is not required to count a dangerous waste that is an un-

used commercial chemical product (listed in WAC 173-303-9903, or ex-

hibiting one or more characteristics in WAC 173-303-090 or exhibits a

state criteria in WAC 173-303-100) generated solely during the labora-

tory clean-out toward its dangerous waste generator status, pursuant

to WAC 173-303-070 (7)(c) and (d). An unwanted material that is gener-

ated prior to the beginning of the laboratory clean-out and is still

in the laboratory at the time the laboratory clean-out commences must

be counted toward dangerous waste generator status, pursuant to WAC

173-303-070 (7)(c) and (d), if it is determined to be dangerous waste;

(iii) For the purposes of off-site management, an eligible aca-

demic entity must count all its dangerous waste, regardless of whether

the dangerous waste was counted toward generator status under (a)(ii)

of this subsection, and if it generates more than 2.2 pounds/month of

acute hazardous waste, more than 2.2 pounds of WT01 EHW or more than

two hundred twenty pounds/month of dangerous waste, the dangerous

waste is subject to all applicable dangerous waste regulations when it

is transported off-site; and

(iv) An eligible academic entity must document the activities of

the laboratory clean-out. The documentation must, at a minimum, iden-

tify the laboratory being cleaned out, the date the laboratory clean-

out begins and ends, and the volume of dangerous waste generated dur-

ing the laboratory clean-out. The eligible academic entity must main-

tain the records for a period of five years from the date the clean-

out ends; and


(b) For all other laboratory clean-outs conducted during the same

twelve-month period, an eligible academic entity is subject to all the

applicable requirements of this section including, but not limited to:

(i) The requirement to remove all unwanted materials from the la-

boratory within ten calendar days of exceeding fifty-five gallons (or

one quart of reactive acutely hazardous unwanted material), as re-

quired by subsection (9) of this section; and

(ii) The requirement to count all dangerous waste, including un-

used dangerous waste, generated during the laboratory clean-out toward

its dangerous waste generator status, pursuant to WAC 173-303-070

(7)(c) and (d).

(15) Laboratory management plan. An eligible academic entity must

develop and retain a written laboratory management plan, or revise an

existing written plan. The laboratory management plan is a site-

specific document that describes how the eligible academic entity will

manage unwanted materials in compliance with this section. An eligible

academic entity may write one laboratory management plan for all the

laboratories owned by the eligible academic entity that have opted in-

to this section, even if the laboratories are located at sites with

different EPA/state identification numbers. The laboratory management

plan must contain two parts with a total of nine elements identified

in (a) and (b) of this subsection. In Part I of its laboratory manage-

ment plan, an eligible academic entity must describe its procedures

for each of the elements listed in (a) of this subsection. An eligible

academic entity must implement and comply with the specific provisions

that it develops to address the elements in Part I of the laboratory

management plan. In Part II of its laboratory management plan, an eli-

gible academic entity must describe its best management practices for

each of the elements listed in (b) of this subsection. The specific

actions taken by an eligible academic entity to implement each element

in Part II of its laboratory management plan may vary from the proce-

dures described in the eligible academic entity's laboratory manage-

ment plan, without constituting a violation of this section. An eligi-

ble academic entity may include additional elements and best manage-


ment practices in Part II of its laboratory management plan if it

chooses.

(a) The eligible academic entity must implement and comply with

the specific provisions of Part I of its laboratory management plan.

In Part I of its laboratory management plan, an eligible academic en-

tity must:

(i) Describe procedures for container labeling in accordance with

subsection (7)(a) of this section, as follows:

(A) Identifying whether the eligible academic entity will use the

term "unwanted material" on the containers in the laboratory. If not,

identify an equally effective term that will be used in lieu of "un-

wanted material" and consistently by the eligible academic entity. The

equally effective term, if used, has the same meaning and is subject

to the same requirements as "unwanted material."

(B) Identifying the manner in which information that is "associ-

ated with the container" will be imparted.

(ii) Identify whether the eligible academic entity will comply

with subsection (9)(a)(i) or (ii) of this section for regularly sched-

uled removals of unwanted material from the laboratory.

(b) In Part II of its laboratory management plan, an eligible ac-

ademic entity must:

(i) Describe its intended best practices for container labeling

and management (see the required standards in subsection (7) of this

section).

(ii) Describe its intended best practices for providing training

for laboratory workers and students commensurate with their duties

(see the required standards in subsection (8)(a) of this section).

(iii) Describe its intended best practices for providing training

to ensure safe on-site transfers of unwanted material and hazardous

waste by trained professionals (see the required standards in subsec-

tion (8)(d)(i) of this section).

(iv) Describe its intended best practices for removing unwanted

material from the laboratory, including:


(A) For regularly scheduled removals - Develop a regular schedule

for identifying and removing unwanted materials from its laboratories

(see the required standards in subsection (9)(a)(i) and (ii) of this

section).

(B) For removals when maximum volumes are exceeded:

(I) Describe its intended best practices for removing unwanted

materials from the laboratory within ten calendar days when unwanted

materials have exceeded their maximum volumes (see the required stand-

ards in subsection (9)(d) of this section).

(II) Describe its intended best practices for communicating that

unwanted materials have exceeded their maximum volumes.

(v) Describe its intended best practices for making dangerous

waste determinations, including specifying the duties of the individu-

als involved in the process (see the required standards in WAC 173-

303-070(3)(7) and subsections (10) through (13) of this section).

(vi) Describe its intended best practices for laboratory clean-

outs, if the eligible academic entity plans to use the incentives for

laboratory clean-outs provided in subsection (14) of this section, in-

cluding:

(A) Procedures for conducting laboratory clean-outs (see the re-

quired standards in subsection (14)(a)(i) through (iii) of this sec-

tion); and

(B) Procedures for documenting laboratory clean-outs (see the re-

quired standards in subsection (14)(a)(iv) of this section).

(vii) Describe its intended best practices for emergency preven-

tion, including:

(A) Procedures for emergency prevention, notification, and re-

sponse, appropriate to the hazards in the laboratory;

(B) A list of chemicals that the eligible academic entity has, or

is likely to have, that become more dangerous when they exceed their

expiration date and/or as they degrade;

(C) Procedures to safely dispose of chemicals that become more

dangerous when they exceed their expiration date and/or as they de-

grade; and


(D) Procedures for the timely designation of unknown chemicals.

(c) An eligible academic entity must make its laboratory manage-

ment plan available to laboratory workers, students, or any others at

the eligible academic entity who request it.

(d) An eligible academic entity must review and revise its labor-

atory management plan, as needed.

(16) Unwanted material that is not solid or dangerous waste.

(a) If an unwanted material does not meet the definition of solid

waste in WAC 173-303-016, it is no longer subject to this section or

to the dangerous waste regulations.

(b) If an unwanted material does not meet the definition of dan-

gerous waste in WAC 173-303-070(2), it is no longer subject to this

subsection or to the dangerous waste regulations, but must be managed

in compliance with any other applicable regulations and/or conditions.

(17) Nonlaboratory dangerous waste generated at an eligible aca-

demic entity. An eligible academic entity that generates dangerous

waste outside of a laboratory is not eligible to manage that dangerous

waste under this section; and

(a) Remains subject to the generator requirements of WAC 173-303-

070(3) and 173-303-200(2d) for large quantity generators and genera-

tors regulated under WAC 173-303-201 and all other applicable genera-

tor requirements of chapter 173-303 WAC, with respect to that danger-

ous waste; or

(b) Remains subject to the conditional exemption of WAC 173-303-

070(8) for small quantity generators, with respect to that dangerous

waste.


§ 173-303-235, filed 12/18/14, effective 1/18/15.]

WAC 173-303-320 General inspection. (1) The owner or operator

must inspect his facility to prevent malfunctions and deterioration,

operator errors, and discharges which may cause or lead to the release

of dangerous waste constituents to the environment, or a threat to hu-

man health. The owner or operator must conduct these inspections often


enough to identify problems in time to correct them before they harm

human health or the environment.

(2) The owner or operator must develop and follow a written

schedule for inspecting all monitoring equipment, safety and emergency

equipment, security devices, and operating and structural equipment

that help prevent, detect, or respond to hazards to the public health

or the environment. In addition:

(a) The schedule must be kept at the facility;

(b) The schedule must identify the types of problems which are to

be looked for during inspections;

(c) The schedule must indicate the frequency of inspection for

specific items. The frequency should be based on the rate of possible

deterioration of equipment, and the probability of an environmental or

human health incident. Areas subject to spills must be inspected daily

when in use. At a minimum the inspection schedule must also include

the applicable items and frequencies required for the specific waste

management methods described in 40 C.F.R. Part 265 Subparts F through

R, 265.1033, 265.1052, 265.1053, 265.1058 and 265.1084 through

265.1090, for interim status facilities and in WAC 173-303-630 through

173-303-680, and 40 C.F.R. 264.1033, 264.1052, 264.1053, 264.1058 and

264.1083 through 264.1089 for final status facilities; and

(d) The owner or operator must keep an written or electronic in-

spection log or summary, including at least the date and time of the

inspection, the printed name and the handwritten or electronic signa-

ture of the inspector, a notation of the observations made, an account

of spills or discharges in accordance with WAC 173-303-145, and the

date and nature of any repairs or remedial actions taken. The log or

summary must be kept at the facility for at least five years from the

date of inspection.

(3) The owner or operator must remedy any problems revealed by

the inspection, on a schedule which prevents hazards to the public

health and environment. Where a hazard is imminent or has already oc-

curred, remedial action must be taken immediately.


[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. WSR 04-24-065 (Order 03-10), § 173-303-320, filed


320, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters

70.105 and 70.105D RCW. WSR 95-22-008 (Order 94-30), § 173-303-320,

filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), §


Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006

(42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-320, filed


84-09-088 (Order DE 83-36), § 173-303-320, filed 4/18/84. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order

DE 81-33), § 173-303-320, filed 2/10/82.]

WAC 173-303-505 Special requirements for recyclable materials

used in a manner constituting disposal. (1) Applicability. (Also, see

WAC 173-303-120(3).)

(a) This section applies to recyclable materials that are applied

to or placed on the land:

(i) Without mixing with any other substance(s); or

(ii) After mixing or combining with any other substance(s). These

materials will be referred to as "materials used in a manner that con-

stitutes disposal."

(b)(i) Products produced for the general public's use that are

used in a manner that constitutes disposal and that contain recyclable

materials are not presently subject to regulation if the recyclable

materials have undergone a chemical reaction in the course of produc-

ing the products so as to become inseparable by physical means and if

such products meet the applicable treatment standards in 40 C.F.R.

Part 268 Subpart D (or applicable prohibition levels in 268.32 or RCRA

section 3004(d), where no treatment standards have been established)

for each recyclable material (i.e., hazardous waste) that they con-

tain, and the recycler complies with 40 C.F.R. 268.7 (b)(6) as modi-

fied at WAC 173-303-140(2)(e).


(ii) Antiskid/deicing uses of slags, which are generated from

high temperature metals recovery (HTMR) processing of dangerous waste

K061, K062, and F006, in a manner constituting disposal are not cov-

ered by the exemption in (b)(i) of this subsection and remain subject

to regulation.

(iii) Fertilizers that contain recyclable materials are not sub-

ject to regulation provided that:

(A) They are zinc fertilizers excluded according to WAC 173-303-

071 (3)(pp); or

(B) They meet the applicable treatment standards in subpart D of

Part 268, which is incorporated by reference at WAC 173-303-140 (2)(a)

for each hazardous waste that they contain.

(Note: Fertilizers that contain recyclable material derived from

state-only waste must also meet the treatment standards in WAC 173-

303-140 (2)(a) that apply to the characteristics of dangerous waste

that the state-only waste exhibits.)

(iv) The department may recommend registration under chapter

15.54 RCW for a waste-derived fertilizer (including fertilizers that

contain recyclable material) or micronutrient fertilizer: Provided,

That the registrant submits the information described in (b)(iv)(A) or

(B) of this subsection. However, the information requirements in

(b)(iv)(A) of this subsection may not be required if: The registrant

provides documentation that the fertilizer has been previously regis-

tered in Washington state two or more times using the information in

(b)(iv)(A) of this subsection, and the source materials used to manu-

facture the product have not changed.

(A) Initial criteria.

(I) The applicable Land Disposal Restriction (LDR) Certification

as described in 40 C.F.R. Part 268, or toxicity characteristic leach-

ing procedure (TCLP) data that indicate the product contains less than

the maximum concentrations for TCLP metals described in WAC 173-303-

090(8); and

(II) Total Halogenated Organic Compounds (HOC) test data that in-

dicate the product contains less than 1% total HOC.


(B) Secondary criteria.

(I) A complete description of the fertilizer manufacturing pro-

cess, including the location of the manufacturing facility; and

(II) A complete list of all ingredients used in manufacturing the

fertilizer and a complete description of the sources of those ingredi-

ents, including a description of the original process and location for

each of those ingredients; and

(III) Evidence that any waste(s) used in manufacturing the prod-

uct does not designate as dangerous waste according to procedures de-

scribed in WAC 173-303-070; and

(IV) Other information as required by the department.

(2) Recyclable materials used in a manner that constitutes dis-

posal are dangerous wastes and are subject to the following require-

ments:

(a) For generators, WAC 173-303-170 through 173-303-230;

(b) For transporters, WAC 173-303-240 through 173-303-270; and

(c) For facilities that store or use dangerous wastes in a manner

constituting disposal, the applicable requirements of 40 C.F.R. Part

268 (incorporated by reference in WAC 173-303-140 (2)(a)) and 173-303-

280 through 173-303-840 (except that users of such products are not

subject to these standards if the products meet the requirements of

subsection (1)(b) of this section).

(d) The use of waste oil, used oil, or other material that is

contaminated with dioxin or any other dangerous waste for dust sup-

pression or road treatment is prohibited.















11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-505, filed 12/8/93,


059 (Order 88-24), § 173-303-505, filed 1/4/89; WSR 86-12-057 (Order

DE-85-10), § 173-303-505, filed 6/3/86; WSR 84-09-088 (Order DE 83-

36), § 173-303-505, filed 4/18/84.]

WAC 173-303-555 Special requirements for management of dangerous

waste pharmaceuticals.

(1) Definitions. The following definitions apply to this sec-

tion:

(a) “Creditable dangerous waste pharmaceutical” means:

(i) A dangerous waste pharmaceutical that has the reasonable

expectation to receive manufacturer's credit and is:

(A) Unused or un-administered; and

(B) Unexpired or less than one year past expiration date.

(ii) The term does not include “evaluated dangerous waste pharma-

ceuticals,” residues of pharmaceuticals remaining in containers, con-

taminated personal protective equipment, and clean-up material from

the spills of pharmaceuticals. The first time no credit is given the

pharmaceutical will no longer be considered a “creditable pharmaceuti-

cal” unless there is documented change in credit status by the reverse

distributor.

(b) “Dangerous waste pharmaceutical” means a pharmaceutical that

is a solid waste, as defined in WAC 173-303-016, and that exhibits a

dangerous waste characteristic, criteria, or are listed as dangerous

waste under WAC 173-303-070.

(c) “Evaluated dangerous waste pharmaceutical” means a dangerous

waste pharmaceutical that was a creditable dangerous waste pharmaceu-

tical but has been evaluated by a pharmaceutical reverse distributor

to establish whether it is eligible for manufacturer's credit and will

not be sent to another pharmaceutical reverse distributor for further

evaluation or verification.

(d) “Healthcare facility” means:

(i) Any person that:

(A) Provides preventative, diagnostic, therapeutic, rehabilita-

tive, maintenance or palliative care, and counseling, service,

assessment or procedure with respect to the physical or mental


condition, or functional status, of a human or animal or that af-

fects the structure or function of the human or animal body; or

(B) Sells or dispenses over-the-counter or prescription pharma-

ceuticals.

(ii) This definition includes, but is not limited to, hospitals,

psychiatric hospitals, ambulatory surgical centers, health clin-

ics, physicians' offices, optical and dental providers, chiro-

practors, long-term care facilities, ambulance services, coroners

and medical examiners, pharmacies, long-term care pharmacies,

mail-order pharmacies, retailers of over-the-counter medications,

and veterinary clinics and hospitals. This definition also in-

cludes law enforcement agencies holding dangerous waste pharma-

ceuticals that designate only by the criteria under WAC 173-303-

100 and are not regulated as a hazardous waste under 40 C.F.R.

Part 261.

(e) “Household waste pharmaceutical” means a pharmaceutical that

is a solid waste, as defined in WAC 173-303-016, but is exempt from

being a dangerous waste under WAC 173-303-071(3)(c).

(f) “Long-term care facility” means a licensed entity that pro-

vides assistance with activities of daily living, including managing

and administering pharmaceuticals to one or more individuals at the

facility. This definition includes, but is not limited to, assisted

living, hospices, nursing homes, skilled nursing facilities, and the

assisted living and skilled nursing care-portions of continuing care

retirement communities. Not included within the scope of this defini-

tion are group homes, independent living communities, and the inde-

pendent living portions of continuing care retirement communities.

(g) “Non-creditable dangerous waste pharmaceutical” means a dan-

gerous waste pharmaceutical that is not eligible or not expected to be

eligible for manufacturer's credit.

(h) “Non-dangerous waste pharmaceutical” means a pharmaceutical

that is a solid waste, as defined in WAC 173-303-016, and is not

listed under WAC 173-303-080 through 173-303-083 and does not exhibit

a characteristic or criteria under WAC 173-303-090 and 173-303-100.

(i) “Non-pharmaceutical dangerous waste” means a solid waste, as

defined in WAC 173-303-016, that is listed under WAC 173-303-080

through 173-303-083, or exhibits one or more characteristics or crite-

ria under WAC 173-303-081 through 173-303-100, but is not a pharmaceu-

tical, as defined in this subsection.

(j) “Pharmaceutical” means any chemical or biological product

that is intended for use in the diagnosis, cure, mitigation, care,

treatment, or prevention of disease or injury of a human or other ani-

mal; or any chemical or biological product that is intended to affect


the structure or function of the body of a human or other animal. This

definition includes, but is not limited to: dietary supplements as de-

fined by the Federal Food, Drug and Cosmetic Act, prescription drugs,

over-the-counter drugs, and residues of pharmaceuticals remaining in

containers. Pharmaceuticals do not include personal protective equip-

ment contaminated with pharmaceuticals or clean-up material from

spills of pharmaceuticals.

(k) “Pharmaceutical reverse distributor” means any person that re-

ceives and accumulates creditable dangerous waste pharmaceuticals for

the purpose of facilitating or verifying manufacturer's credit. Any

person, including forward distributors and pharmaceutical manufactur-

ers, that processes pharmaceuticals for the facilitation or verifica-

tion of manufacturer's credit is considered a pharmaceutical reverse

distributor.

(l) “Weekly Inspections” means inspections conducted up to but

not more than seven days apart.

(2) Applicability.

(a) A healthcare facility that is a small quantity generator re-

mains subject to WAC 173-303-070(8) and is not subject to this sec-

tion, except for WAC 173-303-555(5), (6) and (8)(a)and (b). Generator

status is based on the total dangerous waste generated per calendar

month (including pharmaceutical dangerous waste and non-pharmaceutical

dangerous waste).

(b) A healthcare facility that is a small quantity generator has

the option of complying with this section for the management of its

dangerous waste pharmaceuticals, as an alternative to complying with

the small quantity generator requirements of WAC 173-303-070(8).

(c) A healthcare facility or pharmaceutical reverse distributor

remains subject to all applicable dangerous waste regulations with re-

spect to the management of its non-pharmaceutical dangerous waste.

(d) With the exception of healthcare facilities identified in

paragraph (a) of this subsection, a healthcare facility is subject to:

(i) Subsections (3) and (5) through (10) of this section with re-

spect to the management of:

(A) Non-creditable dangerous waste pharmaceuticals, and

(B) Creditable dangerous waste pharmaceuticals if they are not

destined for a pharmaceutical reverse distributor.

(ii) Subsections (4) through (8) and (11) of this section with

respect to the management of creditable dangerous waste pharmaceuti-

cals that are destined for a pharmaceutical reverse distributor.

(e) A pharmaceutical reverse distributor is subject to subsec-

tions (6) through (13) of this section with respect to the management

of dangerous waste pharmaceuticals.


(f) This section does not apply to the management of dangerous

waste pharmaceuticals that are generated or managed by entities other

than healthcare facilities, pharmaceutical reverse distributors and

law enforcement agencies.

(3) Standards for healthcare facilities managing non-creditable

dangerous waste pharmaceuticals.

(a) Notification and withdrawal from this section for healthcare

facilities managing non-creditable dangerous waste pharmaceuticals.

(i) Notification. A healthcare facility must notify the depart-

ment, using the Washington State Dangerous Waste Site Identification

Form, that it is a healthcare facility operating under this section. A

healthcare facility is not required to fill out Box 11 (Description of

Hazardous/Dangerous Waste) of the Washington State Dangerous Waste

Site Identification Form with respect to its hazardous/dangerous waste

pharmaceuticals. A healthcare facility must submit a separate notifi-

cation (Washington State Dangerous Waste Site Identification Form) for

each site or EPA/State Identification Number.

(A) A healthcare facility that already has an EPA/State identifi-

cation number must re-notify the department, using the Washington

State Dangerous Waste Site Identification Form, that it is a

healthcare facility as part of its next annual report, if it is re-

quired to submit one; or if not required to submit an annual report,

within 60 days of the effective date of this section, or within 60

days of becoming subject to this section.

(B) A healthcare facility that does not have an EPA/State identi-

fication number must obtain one by notifying the department, using the

Washington State Dangerous Waste Site Identification form, that it is

a healthcare facility as part of its next annual report, if it is re-

quired to submit one; or if not required to submit an annual report,

within 60 days of the effective date of this section, or within 60

days of becoming subject to this section.

(C) A healthcare facility must keep a copy of its notification on

file for as long as the healthcare facility is subject to this section

and five years thereafter.

(ii) Withdrawal. A healthcare facility that operated under this

section but is no longer subject to this section, because it is a

small quantity generator under WAC 173-303-070(8), and elects to with-

draw from this section must notify the department using the Washington

State Dangerous Waste Site Identification Form that it is no longer

operating under this section. A healthcare facility is not required to

fill out Box 11 (Description of Hazardous/Dangerous Waste) of the

Washington State Dangerous Waste Site Identification Form with respect

to its hazardous/dangerous waste pharmaceuticals. A healthcare facili-


ty must submit a separate notification (Washington State Dangerous

Waste Site Identification Form) for each EPA/State Identification Num-

ber.

(A) A healthcare facility must submit the Washington State Dan-

gerous Waste Site Identification Form notifying that it is withdrawing

from this section before it begins operating under WAC 173-303-070(8).

(B) A healthcare facility must keep a copy of its withdrawal on

file for five years from the date of signature on the notification of

its withdrawal.

(b) Training of employees managing non-creditable dangerous waste

pharmaceuticals at healthcare facilities. A healthcare facility must

ensure that all employees that manage non-creditable dangerous waste

pharmaceuticals are thoroughly familiar with proper waste handling and

emergency procedures relevant to their responsibilities during normal

facility operations and emergencies.

(c) Dangerous waste determination for non-creditable dangerous

waste pharmaceuticals at healthcare facilities. A healthcare facility

that generates a solid waste that is a pharmaceutical must determine

whether the solid waste pharmaceutical is a dangerous waste pharmaceu-

tical in order to determine whether the waste is subject to this sec-

tion. A healthcare facility may choose to manage its non-dangerous

waste pharmaceuticals as dangerous waste pharmaceuticals under this

section.

(d) Standards for containers used to accumulate non-creditable

dangerous waste pharmaceuticals at healthcare facilities.

(i) A healthcare facility must place non-creditable dangerous

waste pharmaceuticals in a container that is structurally sound, com-

patible with its contents, and that lacks evidence of leakage, spill-

age, or damage that could cause leakage under reasonably foreseeable

conditions.

(ii) A healthcare facility that manages ignitable or reactive

dangerous waste pharmaceuticals, or that mixes or commingles incompat-

ible dangerous waste pharmaceuticals must manage the container so that

it does not have the potential to:

(A) Generate extreme heat or pressure, fire or explosion, or vio-

lent reaction;

(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in

sufficient quantities to threaten human health;

(C) Produce uncontrolled flammable fumes or gases in sufficient

quantities to pose a risk of fire or explosions;

(D) Damage the structural integrity of the container of dangerous

waste pharmaceuticals; or


(E) Through other like means threaten human health or the envi-

ronment.

(iii) A healthcare facility must keep containers of non-

creditable dangerous waste pharmaceuticals closed and secured in a

manner that prevents unauthorized access to its contents.

(iv) A healthcare facility may accumulate dangerous waste pharma-

ceuticals and non-dangerous waste pharmaceutical in the same contain-

er, except that dangerous waste pharmaceuticals prohibited from being

combusted because of the dilution prohibition of 40 CFR Part 268.3(c)

must be accumulated in separate containers.

(e) Labeling containers used to accumulate non-creditable danger-

ous waste pharmaceuticals at healthcare facilities. A healthcare fa-

cility must label or clearly mark each container of dangerous waste

pharmaceuticals with the phrase “Hazardous Waste Pharmaceuticals or

Dangerous Waste Pharmaceuticals.”

(f) Maximum accumulation time for non-creditable dangerous waste

pharmaceuticals at healthcare facilities.

(i) A healthcare facility may accumulate non-creditable dangerous

waste pharmaceuticals on-site for one year or less without a permit or

having interim status. A healthcare facility may accumulate for more

than one year without a permit or having interim status, only if the

requirements of paragraph (f)(iii) of this subsection are met.

(ii) A healthcare facility that accumulates non-creditable dan-

gerous waste pharmaceuticals on-site must demonstrate the length of

time that the dangerous waste pharmaceuticals have been accumulating,

starting from the date it first becomes a waste. A healthcare facility

may make this demonstration by any of the following methods:

(A) Marking or labeling the container of non-creditable dangerous

waste pharmaceuticals with the date that dangerous waste pharmaceuti-

cals became a waste; or

(B) Placing the non-creditable dangerous waste pharmaceuticals in

a specific area and identifying the earliest date that any of the non-

creditable dangerous waste pharmaceuticals in the area became a waste.

(C) Any other method that clearly demonstrates the length of time

that the non-creditable dangerous waste pharmaceuticals have been ac-

cumulating from the date it became a waste.

(iii) A healthcare facility may request from the department an

extension beyond the one year accumulation time limit for non-

creditable dangerous waste pharmaceuticals involved in litigation, a

recall, or unforeseen circumstances beyond the control of the

healthcare facility.

(A) A request must be sent to the department in writing (paper or

electronic). The request for an extension must include an explanation


of the reason an extension is requested, the approximate volume or

weight of the dangerous waste pharmaceuticals that will be accumulated

more than 90 days, and the amount of additional time requested.

(B) The amount of time extension granted is at the discretion of

the department on a case-by-case basis.

(g) Land disposal restrictions for non-creditable dangerous waste

pharmaceuticals. The dangerous waste pharmaceuticals generated by a

healthcare facility are subject to the Land Disposal Restrictions of

40 CFR part 268, as incorporated by reference at WAC 173-303-

140(2)(a). A healthcare facility that generates dangerous waste phar-

maceuticals must comply with the land disposal restrictions in accord-

ance with 40 CFR Part 268.7(a) requirements as modified at WAC 173-

303-140(2)(c) and (d), except that it is not required to identify the

dangerous/hazardous waste numbers (codes).

(h) Procedures for healthcare facilities for managing rejected

shipments of non-creditable dangerous waste pharmaceuticals. A

healthcare facility that sends a shipment of non-creditable dangerous

waste pharmaceuticals to a designated facility and later receives that

shipment back as a rejected load in accordance with the manifest dis-

crepancy provisions of WAC 173-303-370 of this chapter, may accumulate

the returned dangerous waste pharmaceuticals on-site for up to an ad-

ditional 90 days provided the rejected or returned shipment is managed

in accordance with paragraphs (d) and (e) of this subsection. Upon re-

ceipt of the returned shipment, the healthcare facility must:

(i) Sign either:

(A) Item 18c of the original manifest, if the original manifest

was used for the returned shipment; or

(B) Item 20 of the new manifest, if a new manifest was used for

the returned shipment;

(ii) Provide the transporter a copy of the manifest;

(iii) Within 30 days of delivery of the rejected shipment, send a

copy of the manifest to the designated facility that returned the

shipment to the healthcare facility; and

(iv) Transport or offer for transport the returned shipment in

accordance with the shipping standards of WAC 173-303-555(10)(a).

(i) Reporting by healthcare facilities for non-creditable danger-

ous waste pharmaceuticals.

(i) Annual report by healthcare facilities. Healthcare facilities

are not subject to annual reporting requirements under WAC 173-303-

220, with respect to non-creditable dangerous waste pharmaceuticals

managed under this section.

(ii) Exception report by healthcare facilities for a missing copy

of the manifest.


(A) For shipments from a healthcare facility to a designated fa-

cility: If a healthcare facility does not receive a copy of the mani-

fest with the handwritten signature of the owner or operator of the

designated facility within 60 days of the date the non-creditable dan-

gerous waste pharmaceuticals were accepted by the initial transporter,

the healthcare facility must submit:

(I) A legible copy of the original manifest, indicating that the

healthcare facility has not received confirmation of delivery, to the

department, and

(II) A handwritten or typed note on the manifest itself, or on an

attached sheet of paper, stating that the return copy was not received

and explaining the efforts taken to locate the non-creditable danger-

ous waste pharmaceuticals and the results of those efforts.

(B) For shipments rejected by the designated facility and shipped

to an alternate facility: If a healthcare facility does not receive a

copy of the manifest for a rejected shipment of the non-creditable

dangerous waste pharmaceuticals that is forwarded by the designated

facility to an alternate facility (using appropriate manifest proce-

dures), with the handwritten signature of the owner or operator of the

alternate facility within 60 days of the date the waste was accepted

by the initial transporter forwarding the shipment of non-creditable

dangerous waste pharmaceuticals from the designated facility to the

alternate facility, the healthcare facility must submit:

(I) A legible copy of the original manifest, indicating that the

healthcare facility has not received confirmation of delivery, to the

department, and

(II) A handwritten or typed note on the manifest itself, or on an

attached sheet of paper, stating that the return copy was not received

and explaining the efforts taken to locate the non-creditable danger-

ous waste pharmaceuticals and the results of those efforts.

(iii) Additional reports. The department may require healthcare

facilities to furnish additional reports concerning the quantities and

disposition of non-creditable dangerous waste pharmaceuticals.

(j) Recordkeeping by healthcare facilities for non-creditable

dangerous waste pharmaceuticals.

(i) A healthcare facility must keep a copy of each manifest

signed in accordance with WAC 173-303-210(1) for five years or until

it receives a signed copy from the designated facility which received

the non-creditable dangerous waste pharmaceuticals. This signed copy

must be retained as a record for at least five years from the date the

waste was accepted by the initial transporter.

(ii) A healthcare facility must keep a copy of each exception re-

port for a period of at least five years from the date of the report.


(iii) A healthcare facility must keep records of any test re-

sults, waste analyses, or other determinations made to support its

dangerous waste determination(s) for at least five years from the date

of the test, analysis, or other determination.

(iv) The periods of retention referred to in this section are ex-

tended automatically during the course of any unresolved enforcement

action regarding the regulated activity, or as requested by the de-

partment.

(k) Response to releases of non-creditable dangerous waste phar-

maceuticals at healthcare facilities.

(i) A healthcare facility must immediately contain all releases

of non-creditable dangerous waste pharmaceuticals and other residues

from non-creditable dangerous waste pharmaceuticals.

(ii) A healthcare facility must determine whether any material

resulting from the release is a non-creditable dangerous waste pharma-

ceutical, and if so, must manage the non-creditable dangerous waste

pharmaceutical residues and spill clean-up materials in accordance

with the requirements of this section.

(l) Long-term care facilities that manage non-creditable danger-

ous waste pharmaceuticals. A healthcare facility that is a long-term

care facility and that has individuals that administer their own phar-

maceuticals must collect any unused non-creditable dangerous waste

pharmaceuticals from those self-administering individuals and manage

them in accordance with this section.

(m) Accepting creditable and non-creditable dangerous waste phar-

maceuticals from an off-site healthcare facility that is a SQG. A

healthcare facility may accept creditable and non-creditable dangerous

waste pharmaceuticals from an off-site healthcare facility that is a

small quantity generator under WAC 173-303-070(8), without a permit or

without having interim status, provided the receiving healthcare fa-

cility:

(i) Is under the control of the same person, as defined in WAC

173-303-040, as the small quantity generator healthcare facility that

is sending the dangerous waste pharmaceuticals off-site or has a con-

tractual relationship whereby the receiving healthcare facility sup-

plies pharmaceuticals to the small quantity generator healthcare fa-

cility,

(ii) Is operating under this section for the management of its

dangerous waste pharmaceuticals,

(iii) Manages the non-creditable dangerous waste pharmaceuticals

that it receives from off-site in compliance with this section, and


(iv) Keeps records of the dangerous waste pharmaceuticals ship-

ments it receives from off-site for five years from the date that the

shipment is received.

(4) Standards for healthcare facilities managing creditable dan-

gerous waste pharmaceuticals.

(a) Dangerous waste determination for creditable dangerous waste

pharmaceuticals at the healthcare facility. A healthcare facility that

generates a solid waste that is a creditable pharmaceutical must de-

termine whether the creditable solid waste pharmaceutical is a cred-

itable dangerous waste pharmaceutical. A healthcare facility may

choose to manage its creditable non-dangerous waste pharmaceuticals as

creditable dangerous waste pharmaceuticals under subsection (11) of

this section.

(b) Healthcare facilities are prohibited from sending dangerous

wastes other than creditable dangerous waste pharmaceuticals to a

pharmaceutical reverse distributor.

(c) Annual report by healthcare facilities. Healthcare facilities

are not subject to annual reporting requirements under WAC 173-303-

220, with respect to creditable dangerous waste pharmaceuticals man-

aged under this section.

(d) Recordkeeping.

(i) A healthcare facility that initiates a shipment of creditable

dangerous waste pharmaceuticals to a pharmaceutical reverse distribu-

tor must keep the following records (paper or electronic) for each

shipment of creditable dangerous waste pharmaceuticals for five years

from the date of shipment:

(A) A copy of the advance notification provided to the pharmaceu-

tical reverse distributor;

(B) The confirmation of delivery; and

(C) The shipping papers or bill of lading.

(ii) The periods of retention referred to in this section are ex-

tended automatically during the course of any unresolved enforcement


partment.

(5) Healthcare facilities that are small quantity generators

(SQGs).

(a) Creditable dangerous waste pharmaceuticals. A healthcare fa-

cility that is a small quantity generator may send its creditable dan-

gerous waste pharmaceuticals to a pharmaceuticals reverse distributor.

(b) Off-site collection of dangerous waste pharmaceuticals gener-

ated by a healthcare facility that is a SQG. A healthcare facility

that is a small quantity generator may send its dangerous waste phar-

maceuticals off-site to another healthcare facility, provided the re-


ceiving healthcare facility meets the conditions in subsection (3)(m)

of this section.

(c) Long-term care facilities that are SQGs. A long-term care fa-

cility that is a small quantity generator may dispose of its dangerous

waste pharmaceuticals in a collection receptacle of an authorized col-

lector (as defined by the Drug Enforcement Administration) that is

registered with the Drug Enforcement Administration provided the con-

tents are collected, stored, transported, destroyed and disposed of in

compliance with all applicable Drug Enforcement Administration regula-

tions for controlled substances.

(6) Prohibition of sewering dangerous waste pharmaceuticals. All

healthcare facilities and pharmaceutical reverse distributors are pro-

hibited from discharging dangerous waste pharmaceuticals to a sewer

system that passes through to a publicly-owned treatment works. The

exclusion in WAC 173-303-071(3)(a) for mixtures of domestic sewage and

other wastes that pass through a sewer system to a publicly-owned

treatment works does not apply to a dangerous waste pharmaceutical.

(7) Conditional exemption for dangerous waste pharmaceuticals

that are also controlled substances.

(a) The following are exempt from the requirements of this chap-

ter except for WAC 173-303-050, 173-303-145, and 173-303-960, and as

otherwise specified, provided the conditions of paragraph (b) of this

subsection are met:

(i) A dangerous waste pharmaceutical that is also listed on a

schedule of controlled substances by the Drug Enforcement Administra-

tion in 21 CFR part 1308, and

(ii) An authorized collector (as defined by the Drug Enforcement

Administration) registered with the Drug Enforcement Administration

that collects controlled substances collected from an ultimate user

(as defined by the Drug Enforcement Administration) and co-mingles

them with dangerous waste pharmaceuticals that are exempt as a house-

hold waste under WAC 173-303-071(3)(c).

(b) Conditions for exemption. The dangerous waste pharmaceuticals

that are also controlled substances must be collected, stored, trans-

ported, destroyed and disposed of in compliance with all applicable

Drug Enforcement Administration regulations for controlled substances,

and combusted at one of the following:

(i) A permitted large municipal waste combustor (LMWC), subject

to 40 CFR part 62, subpart FFF for existing LMWCs, or 40 CFR part 60,

subparts Ea and Eb for new LMWCs, or

(ii) A permitted small municipal waste combustor (SMWC), subject

to 40 CFR part 62, subpart JJJ for existing SMWCs, or 40 CFR part 60,

subparts AAAA and BBBB for new SMWCs, or


(iii) A unit that has a permit or interim status to burn hazard-

ous waste and is covered by 40 CFR part 63, subpart EEE. A unit that

is exempt from 40 CFR part 63, subpart EEE as specified in §

63.1200(b) of this chapter is not covered by subpart EEE.

(8) Management of dangerous waste pharmaceutical residues in con-

tainers.

(a) Dispensing and unit-dose containers. A dispensing bottle, vi-

al, or ampule (not to exceed 1 liter or 1000 pills); or a unit-dose

container, (e.g., a unit-dose packet, cup, wrapper, blister pack, or

delivery device) is considered empty and the residues are not regulat-

ed as dangerous waste provided:

(i) All pharmaceuticals have been removed from the dispensing

bottle, vial or ampule; or the unit-dose container, (e.g., unit-dose

packet, cup, wrapper, blister pack, or delivery device) using the

practices commonly employed to remove materials from that type of con-

tainer, and

(ii) Any dispensing bottle or unit-dose container that is an

original manufacturer's product package is destroyed prior to disposal

in such a manner as would prevent further use of the container.

(b) Fully dispensed syringes. The residues remaining in a fully

dispensed and empty syringe are not regulated as dangerous waste pro-

vided:

(i) The fully dispensed and empty syringe has been used to admin-

ister the pharmaceutical to a patient, and

(ii) The fully dispensed and empty syringe is placed in a sharps

container that is managed in accordance with all applicable federal,

state, and local medical waste requirements.

(c) Other containers, including delivery devices. The residues

remaining in all other types of unused or used containers that once

held or continue to hold pharmaceuticals must be managed as dangerous

waste pharmaceuticals, if the residues designate as a dangerous waste

pharmaceutical. This includes, but is not limited to, the residues in

intravenous (IV) bags and tubing, inhalers, aerosols, nebulizers,

tubes of ointment, gels or creams.

(9) Disposal of state-only dangerous waste pharmaceuticals.

(a) As an alternative to off-site disposal at a designated facil-

ity (such as a permitted or interim status treatment, storage, or dis-

posal facility) state-only dangerous waste pharmaceuticals may be dis-

posed at one of the following types of units provided paragraphs (b)

and (c) of this subsection are complied with;

(i) Permitted large municipal waste combustor (LMWC), subject to

40 CFR part 62, subpart FFF for existing LMWCs, or 40 CFR part 60,

subparts Ea and Eb for new LMWCs, or


(ii) Permitted small municipal waste combustor (SMWC), subject to

40 CFR part 62, subpart JJJ for existing SMWCs, or 40 CFR part 60,

subparts AAAA and BBBB for new SMWCs, or

(iii) A unit that has a permit or interim status to burn hazard-

ous waste and is covered by 40 CFR part 63, subpart EEE. A unit that

is exempt from 40 CFR part 63, subpart EEE as specified in §

63.1200(b) of this chapter is not covered by subpart EEE, or

(iv) A permitted medical waste incinerator, or

(v) As an option for law enforcement agencies, incinerate in a

controlled combustion unit with a heat input rate greater than 250

million British thermal units/hour, and a combustion zone temperature

greater than 1500 degrees Fahrenheit.

(b) The dangerous waste pharmaceuticals are managed in accordance

with all applicable requirements of this section, and

(c) the health care facility, reverse distributor or law enforce-

ment agency has on file a letter or copy of a letter signed by the lo-

cal regulatory or permitting authority that the receiving incinerator

facility may accept the waste; and the health care facility, reverse

distributor or law enforcement agency receives from the incinerator

facility a signed and dated copy of the manifest. However, the

EPA/state identification number for the non-RCRA incinerator facility

is not required on the manifest.

(10) Shipping non-creditable dangerous waste pharmaceuticals

from a healthcare facility or evaluated dangerous waste pharmaceuti-

cals from a pharmaceutical reverse distributor.

(a) A healthcare facility or pharmaceutical reverse distributor

that ships either non-creditable dangerous waste pharmaceuticals or

evaluated dangerous waste pharmaceuticals, respectively, off-site to a

designated facility (such as a permitted or interim status treatment,

storage, or disposal facility) or to a facility as allowed under WAC

173-303-555(9)(a), must comply with:

(i) The following pre-transport requirements, before transporting

or offering for transport off-site:

(A) Packaging. Package the waste in accordance with the applica-

ble Department of Transportation regulations on hazardous materials

under 49 CFR parts 173, 178, and 180.

(B) Labeling. Label each package in accordance with the applica-

ble Department of Transportation regulations on hazardous materials

under 49 CFR part 172, subpart E.

(C) Marking.

(I) Mark each package of dangerous waste pharmaceuticals in ac-

cordance with the applicable Department of Transportation regulations

on hazardous materials under 49 CFR part 172, subpart D;


(II) Mark each container of 119 gallons or less used in such

transportation with the following words and information in accordance

with the requirements of 49 CFR 172.304:

HAZARDOUS WASTE—State and federal law prohibits improper

disposal. If found, contact the nearest police or public

safety authority, and the Washington State Department of

Ecology or the U.S. Environmental Protection Agency.

Healthcare Facility's or Pharmaceutical Reverse Distribu-

tor's Name and Address.

Healthcare Facility's or Pharmaceutical Reverse Distribu-

tor's EPA/State Identification Number.

Manifest Tracking Number.

(D) Placarding. Placard or offer the initial transporter the ap-

propriate placards according to Department of Transportation regula-

tions for hazardous materials under 49 CFR part 172, subpart F.

(E) Shipping papers. Prepare shipping papers in accordance with

49 CFR part 172, subpart C.

(ii) The manifest requirements of WAC 173-303-180, except that:

(A) A healthcare facility shipping non-creditable dangerous waste

pharmaceuticals is not required to list dangerous waste codes in box

13 of EPA Form 8700-22.

(B) A healthcare facility shipping non-creditable dangerous waste

pharmaceuticals must write the words “hazardous/dangerous waste phar-

maceuticals” in Box 14 (the special handling instructions and addi-

tional information) of EPA Form 8700-22.

(b) Exporting non-creditable dangerous waste pharmaceuticals or

evaluated dangerous waste pharmaceuticals. A healthcare facility or

pharmaceutical reverse distributor that exports non-creditable danger-

ous waste pharmaceuticals or evaluated dangerous waste pharmaceuticals

is subject to WAC 173-303-230(1).

(c) Importing non-creditable dangerous waste pharmaceuticals or

evaluated dangerous waste pharmaceuticals. Any person that imports

non-creditable dangerous waste pharmaceuticals or evaluated dangerous

waste pharmaceuticals is subject to WAC 173-303-230(2). A healthcare

facility or pharmaceutical reverse distributor may not accept imported

non-creditable dangerous waste pharmaceuticals or evaluated dangerous

waste pharmaceuticals, unless they have a permit or interim status

that allows them to accept dangerous waste from off-site.

(11) Shipping creditable dangerous waste pharmaceuticals from a

healthcare facility or a pharmaceutical reverse distributor to a phar-

maceutical reverse distributor.


(a) A healthcare facility or a pharmaceutical reverse distributor

who transports or offers for transport creditable dangerous waste

pharmaceuticals off-site to a pharmaceutical reverse distributor must:

(i) Provide advance notice (paper or electronic) to the pharma-

ceutical reverse distributor of the intent to ship creditable danger-

ous waste pharmaceuticals to the receiving pharmaceutical reverse dis-

tributor before each shipment of creditable dangerous waste pharmaceu-

ticals is sent, and

(ii) Comply with the pre-transport requirements of WAC 173-303-

555(10)(a)(i)(A) through (E).

(b) Upon receipt of each shipment of creditable dangerous waste

pharmaceuticals, the receiving pharmaceutical reverse distributor must

provide confirmation (paper or electronic) to the healthcare facility

or pharmaceutical reverse distributor that initiated the shipment that

the shipment of creditable dangerous waste pharmaceuticals has ar-

rived.

(c) If a healthcare facility or pharmaceutical reverse distribu-

tor initiates a shipment of creditable dangerous waste pharmaceuticals

to a pharmaceutical reverse distributor and does not receive delivery

confirmation within seven calendar days from the date that the ship-

ment of creditable dangerous waste pharmaceuticals was sent, the

healthcare facility or pharmaceutical reverse distributor that initi-

ated the shipment must contact the shipper and the intended recipient

(i.e., the pharmaceutical reverse distributor) promptly to report that

the confirmation was not received and to determine the status of the

creditable dangerous waste pharmaceuticals.

(d) Exporting creditable dangerous waste pharmaceuticals.

(i) A healthcare facility or pharmaceutical reverse distributor

that sends creditable dangerous waste pharmaceuticals to a foreign

destination must comply with the following requirements in addition to

paragraphs (a) through (c) of this subsection:

(A) Comply with the requirements applicable to a primary exporter

at 40 CFR Parts 262.53, 262.56(a)(1) through (4), (a)(6), and (b) and

262.57;

(B) Export such creditable dangerous waste pharmaceuticals only

upon consent of the receiving country and in conformance with the EPA

Acknowledgement of Consent as defined in 40 CFR part 262, subpart E;

and

(C) Provide a copy of the EPA Acknowledgement of Consent for the

shipment to the transporter transporting the shipment for export.

(ii) A transporter of creditable dangerous waste pharmaceuticals

to a foreign destination other than those OECD countries specified in

40 CFR 262.58(a)(1) (in which case the transporter is subject to the


requirements of 40 CFR part 262, subpart H) may not accept a shipment

if the transporter knows the shipment does not conform to the EPA Ac-

knowledgment of Consent. In addition the transporter must ensure that:

(A) A copy of the EPA Acknowledgment of Consent accompanies the

shipment; and

(B) The shipment is delivered to the facility designated by the

person initiating the shipment.

(e) Importing creditable dangerous waste pharmaceuticals. Any

person that imports creditable dangerous waste pharmaceuticals into

the United States is subject to paragraphs (a) through (c) of this

subsection in lieu of 40 CFR part 262, subpart F.

(12) Standards for the management of creditable dangerous waste

pharmaceuticals and evaluated dangerous waste pharmaceuticals at phar-

maceutical reverse distributors. A pharmaceutical reverse distributor

may accept creditable dangerous waste pharmaceuticals from off-site

and accumulate creditable dangerous waste pharmaceuticals or evaluated

dangerous waste pharmaceuticals on-site without a permit or without

having interim status, provided that it complies with the following

conditions:

(a) Standards for pharmaceutical reverse distributors managing

creditable dangerous waste pharmaceuticals and evaluated dangerous

waste pharmaceuticals.

(i) Notification. A pharmaceutical reverse distributor must noti-

fy the department, using the Washington State Dangerous Waste Site

Identification Form, that it is a pharmaceutical reverse distributor

operating under this section.

(A) A pharmaceutical reverse distributor that already has an

EPA/State identification number must re-notify the department, using

the Washington State Dangerous Waste Site Identification Form, that it

is a pharmaceutical reverse distributor, as defined in WAC 173-303-

555(1), within 60 days of the effective date of this section, or with-

in 60 days of becoming subject to this section.

(B) A pharmaceutical reverse distributor that does not have an

EPA/State identification number must obtain one by notifying the de-

partment, using the Washington State Dangerous Waste Site Identifica-

tion Form, that it is a pharmaceutical reverse distributor, as defined

in WAC 173-303-555(1), within 60 days of the effective date of this

section, or within 60 days of becoming subject to this section.

(ii) Inventory by the pharmaceutical reverse distributor. A phar-

maceutical reverse distributor must maintain an inventory of all the

creditable dangerous waste pharmaceuticals and evaluated dangerous

waste pharmaceuticals that are accumulated on-site.


(A) A pharmaceutical reverse distributor must inventory each

creditable dangerous waste pharmaceutical upon arrival at the pharma-

ceutical reverse distributor.

(B) The inventory must include the identity (e.g., name or na-

tional drug code (NDC)) and quantity of each creditable dangerous

waste pharmaceutical and evaluated dangerous waste pharmaceutical.

(iii) Security at the pharmaceutical reverse distributor facili-

ty. A pharmaceutical reverse distributor must prevent unknowing entry

and minimize the possibility for the unauthorized entry into the por-

tion of the facility where creditable dangerous waste pharmaceuticals

and evaluated dangerous waste pharmaceuticals are kept.

(A) Examples of methods that may be used to prevent unknowing en-

try and minimize unauthorized entry include, but are not limited to:

(I) 24-hour continuous monitoring surveillance system;

(II) An artificial barrier such as a fence; or

(III) Means to control entry, such as keycard access.

(B) If the pharmaceutical reverse distributor already meets the

security requirements of this paragraph because of other regulatory

requirements, such as Drug Enforcement Administration regulations, the

facility is not required to provide separate security measures pursu-

ant to this section.

(iv) Maximum accumulation time for dangerous waste pharmaceuti-

cals at a pharmaceutical reverse distributor. A pharmaceutical reverse

distributor may accumulate creditable dangerous waste pharmaceuticals

and evaluated dangerous waste pharmaceuticals on-site for 90 calendar

days or less. The 90 days start when the creditable dangerous waste

pharmaceutical arrives at the pharmaceutical reverse distributor and

applies to all dangerous waste pharmaceuticals accumulated on-site,

regardless of whether they are destined for another pharmaceutical re-

verse distributor (i.e., creditable dangerous waste pharmaceuticals),

or a permitted or interim status treatment, storage or disposal facil-

ity (i.e., evaluated dangerous waste pharmaceuticals).

(v) Extension of 90-day accumulation time limit at a pharmaceuti-

cal reverse distributor. A pharmaceutical reverse distributor may re-

quest an extension of its 90-day accumulation time limit for dangerous

waste pharmaceuticals from the department due to unforeseen circum-

stances beyond the control of the pharmaceutical reverse distributor,

or if the creditable dangerous waste pharmaceuticals or evaluated dan-

gerous waste pharmaceuticals are involved in litigation or a recall.

(A) A written request must be sent to the department (paper or

electronic). The request for an extension must include an explanation

of the reason an extension is requested, the approximate volume or


weight of the dangerous waste pharmaceuticals that will be accumulated

more than 90 days, and the amount of additional time requested.

(B) The amount of time granted for an extension is at the discre-

tion of the department on a case-by-case basis.

(vi) Contingency plan and emergency procedures at a pharmaceuti-

cal reverse distributor. A pharmaceutical reverse distributor that ac-

cepts creditable dangerous waste pharmaceuticals from off-site must

prepare a contingency plan and comply with the other requirements of

WAC 173-303-350.

(vii) Closure of a pharmaceutical reverse distributor. When clos-

ing an area where a pharmaceutical reverse distributor accumulates

creditable dangerous waste pharmaceuticals or evaluated dangerous

waste pharmaceuticals, the pharmaceutical reverse distributor must

control, minimize, or eliminate to the extent necessary to protect hu-

man health and the environment, post-closure escape of dangerous

waste, leachate, contaminated run-off, or dangerous waste decomposi-

tion products to the ground or surface waters or to the atmosphere.

(viii) Reporting by a pharmaceutical reverse distributor.

(A) Unauthorized waste report. A pharmaceutical reverse distribu-

tor must submit an unauthorized dangerous waste report if the pharma-

ceutical reverse distributor receives dangerous waste from off-site

that it is not authorized to receive (e.g., non-creditable dangerous

waste pharmaceuticals, non-pharmaceutical dangerous waste). The phar-

maceutical reverse distributor must prepare and submit an unauthorized

waste report to the department within 15 days after receiving the un-

authorized dangerous waste and the pharmaceutical reverse distributor

must send a copy of the unauthorized waste report to the healthcare

facility (or other entity) that sent the unauthorized dangerous waste.

The pharmaceutical reverse distributor must manage the unauthorized

dangerous waste in accordance with all applicable regulations for gen-

erators of non-pharmaceutical dangerous waste. The unauthorized waste

report must be signed by the owner or operator of the pharmaceutical

reverse distributor, or his authorized representative, and contain the

following information:

(I) The EPA/State identification number, name and address of the

pharmaceutical reverse distributor;

(II) The date the pharmaceutical reverse distributor received the

dangerous waste;

(III) The EPA/State identification number, name and address of

the healthcare facility that shipped the dangerous waste, if availa-

ble;

(IV) A description and the quantity of each unauthorized danger-

ous waste the pharmaceutical reverse distributor received;


(V) The method of treatment, storage, or disposal for each unau-

thorized dangerous waste; and

(VI) A brief explanation of why the waste was unauthorized, if

known.

(B) Additional reports. The department may require pharmaceutical

reverse distributors to furnish additional reports concerning the

quantities and disposition of creditable dangerous waste pharmaceuti-

cals and evaluated dangerous waste pharmaceuticals.

(ix) Recordkeeping by pharmaceutical reverse distributors. A

pharmaceutical reverse distributor must keep the following records

(paper or electronic):

(A) A copy of its notification on file for as long as the facili-

ty is subject to this section;

(B) A copy of the advance notification, delivery confirmation,

the shipping papers or bill of lading for each shipment of creditable

dangerous waste pharmaceuticals that it receives, and a copy of each

unauthorized waste report, for at least five years from the date it

receives the shipment;

(C) A copy of its inventory for as long as the facility is sub-

ject to this section; and

(D) The periods of retention referred to in this subsection are

extended automatically during the course of any unresolved enforcement


partment.

(x) A pharmaceutical reverse distributor that is not a pharmaceu-

tical manufacturer must evaluate a creditable dangerous waste pharma-

ceutical within 21 calendar days of arriving at the pharmaceutical re-

verse distributor to establish whether it is destined for another

pharmaceutical reverse distributor for further evaluation or verifica-

tion of manufacturer's credit or for a permitted or interim status

treatment, storage or disposal facility. This 21 calendar days is part

of the 90 calendar days allowed for on-site accumulation.

(A) A creditable dangerous waste pharmaceutical that is destined

for another pharmaceutical reverse distributor is still considered a

“creditable dangerous waste pharmaceutical” and must be managed in ac-

cordance with paragraph (b) of this subsection.

(B) A creditable dangerous waste pharmaceutical that is destined

for a permitted or interim status treatment, storage or disposal fa-

cility is considered an “evaluated dangerous waste pharmaceutical” and

must be managed in accordance with paragraph (c) of this subsection.

(xi) A pharmaceutical reverse distributor that is a pharmaceuti-

cal manufacturer must evaluate a creditable dangerous waste pharmaceu-

tical to verify manufacturer's credit within 21 calendar days of ar-


riving at the facility and must manage the evaluated dangerous waste

pharmaceuticals in accordance with paragraph (c) of this subsection.

This 21 calendar days is part of the 90 calendar days allowed for on-

site accumulation.

(b) Additional standards for pharmaceutical reverse distributors

managing creditable dangerous waste pharmaceuticals destined for an-

other pharmaceutical reverse distributor. A pharmaceutical reverse

distributor that does not have a permit or interim status must comply

with the following conditions, in addition to the requirements in par-

agraph (a) of this subsection, for the management of creditable dan-

gerous waste pharmaceuticals that are destined for another pharmaceu-

tical reverse distributor for further evaluation or verification of

manufacturer's credit:

(i) A pharmaceutical reverse distributor that receives creditable

dangerous waste pharmaceuticals from a healthcare facility must send

those creditable dangerous waste pharmaceuticals to another pharmaceu-

tical reverse distributor within 90 days from when the creditable dan-

gerous waste pharmaceuticals arrived or follow subsection (13) of this

section for evaluated dangerous waste pharmaceuticals.

(ii) A pharmaceutical reverse distributor that receives credita-

ble dangerous waste pharmaceuticals from another pharmaceutical re-

verse distributor must send those creditable dangerous waste pharma-

ceuticals to a pharmaceutical reverse distributor that is a pharmaceu-

tical manufacturer within 90 days from when the creditable dangerous

waste pharmaceuticals arrived or follow subsection (13) of this sec-

tion for evaluated dangerous waste pharmaceuticals.

(iii) A pharmaceutical reverse distributor must ship creditable

dangerous waste pharmaceuticals destined for another pharmaceutical

reverse distributor in accordance with WAC 173-303-555(11).

(iv) Recordkeeping. A pharmaceutical reverse distributor must

keep the following records (paper or electronic) for each shipment of

creditable dangerous waste pharmaceuticals that it initiates to anoth-

er pharmaceutical reverse distributor, for at least five years from

the date of shipment:

(A) A copy of the advance notification provided to the pharmaceu-

tical reverse distributor;

(B) The confirmation of delivery; and

(C) The shipping papers or bill of lading.

(c) When a pharmaceutical reverse distributor must have a permit.

A pharmaceutical reverse distributor is an operator of a dangerous

waste treatment, storage or disposal facility and is subject to the

requirements of WAC 173-303-600 and the permit requirements of WAC

173-303-800, if the pharmaceutical reverse distributor:


(i) Does not meet the conditions of this section;

(ii) Accepts manifested dangerous waste from off-site; or

(iii) Treats or disposes of dangerous waste on-site.

(13) Additional standards for pharmaceutical reverse distributors

managing evaluated dangerous waste pharmaceuticals. A pharmaceutical

reverse distributor that does not have a permit or interim status must

comply with the following conditions, in addition to the requirements

of WAC 173-303-555(12)(a), for the management of evaluated dangerous

waste pharmaceuticals:

(a) Accumulation area at the pharmaceutical reverse distributor.

A pharmaceutical reverse distributor must designate an on-site accumu-

lation area where it will accumulate evaluated dangerous waste pharma-

ceuticals.

(b) Weekly inspections of on-site accumulation area. A pharmaceu-

tical reverse distributor must inspect its on-site accumulation area

at least weekly, looking at containers for leaks and for deterioration

caused by corrosion or other factors, as well as for signs of diver-

sion.

(c) Personnel training at a pharmaceutical reverse distributor.

Personnel at a pharmaceutical reverse distributor that handle evaluat-

ed dangerous waste pharmaceuticals are subject to the training re-

quirements of WAC 173-303-330.

(d) Labeling and management of containers at on-site accumulation

area. A pharmaceutical reverse distributor accumulating evaluated dan-

gerous waste pharmaceuticals in containers in an on-site accumulation

area must:

(i) Label the containers with the words, “hazardous waste pharma-

ceuticals” or “dangerous waste pharmaceuticals”;

(ii) Ensure the containers are in good condition and managed to

prevent leaks;

(iii) Use containers that are made of or lined with materials

which will not react with, and are otherwise compatible with, the

evaluated dangerous waste pharmaceuticals, so that the ability of the

container to contain the waste is not impaired;

(iv) Keep containers closed, if holding liquid or gel evaluated

dangerous waste pharmaceuticals. If the liquid or gel evaluated dan-

gerous waste pharmaceuticals are in their original, intact, sealed

packaging; or repackaged, intact, sealed packaging, they are consid-

ered to meet the closed container standard;

(v) A pharmaceutical reverse distributor that manages ignitable

or reactive evaluated dangerous waste pharmaceuticals, or that mixes


or commingles incompatible evaluated dangerous waste pharmaceuticals

must manage the container so that it does not have the potential to:

(A) Generate extreme heat or pressure, fire or explosion, or vio-

lent reaction;

(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in

sufficient quantities to threaten human health;

(C) Produce uncontrolled flammable fumes or gases in sufficient

quantities to pose a risk of fire or explosions;

(D) Damage the structural integrity of the container of dangerous

waste pharmaceuticals; or

(E) Through other like means threaten human health or the envi-

ronment; and

(vi) Accumulate evaluated dangerous waste pharmaceuticals that

are prohibited from being combusted because of the dilution prohibi-

tion of 40 CFR Part 268.3(c) (e.g., arsenic trioxide (P012)) in sepa-

rate containers from other evaluated dangerous waste pharmaceuticals

at the pharmaceutical reverse distributor.

(e) Dangerous waste numbers. Containers of evaluated dangerous

waste pharmaceuticals must be marked with the applicable dangerous

waste number(s) (i.e., dangerous waste code(s)) prior to transport

off-site.

(f) Shipments. A pharmaceutical reverse distributor must ship

evaluated dangerous waste pharmaceuticals that are destined for a per-

mitted or interim status treatment, storage or disposal facility, in

accordance with WAC 173-303-555(10)(a).

(g) Procedures for a pharmaceutical reverse distributor for man-

aging rejected shipments. A pharmaceutical reverse distributor who

sends a shipment of evaluated dangerous waste pharmaceuticals to a

designated facility with the understanding that the designated facili-

ty can accept and manage the waste, and later receives that shipment

back as a rejected load in accordance with the manifest discrepancy

provisions of WAC 173-303-370 of this chapter, may accumulate the re-

turned dangerous waste pharmaceuticals on-site for up to an additional

90 days in the on-site accumulation area provided the rejected or re-

turned shipment is managed in accordance with WAC 173-303-555(12)(a).

Upon receipt of the returned shipment, the pharmaceutical reverse dis-

tributor must:

(i) Sign either:

(A) Item 18c of the original manifest if the original manifest

was used for the returned shipment; or

(B) Item 20 of the new manifest if a new manifest was used for

the returned shipment;

(ii) Provide the transporter a copy of the manifest;


(iii) Within 30 days of delivery of the rejected shipment of the

evaluated dangerous waste pharmaceuticals, send a copy of the manifest

to the designated facility that returned the shipment to the pharma-

ceutical reverse distributor; and

(iv) Transport or offer for transport the returned shipment of

evaluated dangerous waste pharmaceuticals in accordance with the ship-

ping standards of WAC 173-303-555(10)(a).

(h) Land disposal restrictions. Evaluated dangerous waste pharma-

ceuticals are subject to the Land Disposal Restrictions of 40 CFR part

268, as incorporated by reference at WAC 173-303-140(2)(a). A pharma-

ceutical reverse distributor that accepts creditable dangerous waste

pharmaceuticals from off-site must comply with the land disposal re-

strictions in accordance with 40 CFR part 268.7(a) requirements, as

modified at WAC 173-303-140(2)(c) and (d).

(i) Reporting by a pharmaceutical reverse distributor for evalu-

ated dangerous waste pharmaceuticals.

(i) Annual report by a pharmaceutical reverse distributor. A

pharmaceutical reverse distributor that ships evaluated dangerous

waste pharmaceuticals off-site must prepare and submit a single copy

of an annual report to the department by March 1 of each year in ac-

cordance with WAC 173-303-220(1).

(ii) Exception reporting by a pharmaceutical reverse distributor

for a missing copy of the manifest.

(A) For shipments from a pharmaceutical reverse distributor to a

designated facility:

(I) If a pharmaceutical reverse distributor does not receive a copy of

the manifest with the handwritten signature of the owner or operator

of the designated facility within 35 days of the date the evaluated

dangerous waste pharmaceuticals were accepted by the initial trans-

porter, the pharmaceutical reverse distributor must contact the trans-

porter or the owner or operator of the designated facility to deter-

mine the status of the evaluated dangerous waste pharmaceuticals.

(II) A pharmaceutical reverse distributor must submit an exception re-

port to the department if it has not received a copy of the manifest

with the handwritten signature of the owner or operator of the desig-

nated facility within 45 days of the date the evaluated dangerous

waste pharmaceutical was accepted by the initial transporter. The ex-

ception report must include:

A legible copy of the manifest for which the pharmaceutical re-

verse distributor does not have confirmation of delivery; and

A cover letter signed by the pharmaceutical reverse distribu-

tor, or its authorized representative, explaining the efforts


taken to locate the evaluated dangerous waste pharmaceuticals

and the results of those efforts.

(B) For shipments rejected by the designated facility and shipped

to an alternate facility:

(I) A pharmaceutical reverse distributor that does not receive a copy

of the manifest with the handwritten signature of the owner or opera-

tor of the alternate facility within 35 days of the date the evaluated

dangerous waste pharmaceutical was accepted by the initial transporter

must contact the transporter or the owner or operator of the alternate

facility to determine the status of the dangerous waste. The 35 day

timeframe begins the date the waste is accepted by the transporter

forwarding the dangerous waste shipment from the designated facility

to the alternate facility.

(II) A pharmaceutical reverse distributor must submit an Exception Re-

port to the department if it has not received a copy of the manifest

with the handwritten signature of the owner or operator of the alter-

nate facility within 45 days of the date the dangerous waste was ac-

cepted by the initial transporter. The 45-day timeframe begins the

date the dangerous waste is accepted by the transporter forwarding the

dangerous waste shipment from the designated facility to the alternate

facility. The Exception Report must include:

A legible copy of the manifest for which the generator does not

have confirmation of delivery; and

A cover letter signed by the pharmaceutical reverse distribu-

tor, or its authorized representative, explaining the efforts

taken to locate the evaluated dangerous waste pharmaceuticals

and the results of those efforts.

(j) Recordkeeping by a pharmaceutical reverse distributor for

evaluated dangerous waste pharmaceuticals.

(i) A pharmaceutical reverse distributor must keep a log (written

or electronic) of the weekly inspections of the on-site accumulation

area, required by paragraph (b) of this subsection. This log must be

retained as a record for at least five years from the date of the in-

spection.

(ii) A pharmaceutical reverse distributor must keep a copy of

each manifest signed in accordance with WAC 173-303-180(3) for five

years or until it receives a signed copy from the designated facility

which received the evaluated dangerous waste pharmaceutical. This

signed copy must be retained as a record for at least five years from

the date the evaluated dangerous waste pharmaceutical was accepted by

the initial transporter.


(iii) A pharmaceutical reverse distributor must keep a copy of

each annual report for at least five years from the due date of the

report.

(iv) A pharmaceutical reverse distributor must keep a copy of

each exception report for at least five years from the submission of

the report.

(v) A pharmaceutical reverse distributor must keep records to

document personnel training, in accordance with WAC 173-303-330.

WAC 173-303-573 Standards for universal waste management. (1)

Scope.

(a) This section establishes requirements for managing the fol-

lowing:

(i) Batteries as described in subsection (2) of this section;

(ii) Mercury-containing equipment as described in subsection (3)

of this section; and

(iii) Lamps as described in subsection (5) of this section.

(b) This section provides an alternative set of management stand-

ards in lieu of regulation under the rest of this chapter except for

WAC 173-303-050, 173-303-145, and 173-303-960.

(2) Applicability - Batteries.

(a) Batteries covered under this section.

(i) The requirements of this section apply to persons managing

batteries, as described in WAC 173-303-040, except those listed in (b)

of this subsection.

(ii) Spent lead-acid batteries which are not managed under WAC

173-303-120 (3)(f) and 173-303-520, are subject to management under

this section.

(b) Batteries not covered under this section. The requirements of

this section do not apply to persons managing the following batteries:

(i) Spent lead-acid batteries that are managed under WAC 173-303-

120(3) and 173-303-520.

(ii) Batteries, as described in WAC 173-303-040, that are not yet

wastes under WAC 173-303-016, 173-303-017, or 173-303-070, including

those that do not meet the criteria for waste generation in (c) of

this subsection.


(iii) Batteries, as described in WAC 173-303-040, that are not

dangerous waste. A battery is a dangerous waste if it exhibits one or

more of the characteristics or criteria identified in WAC 173-303-090

or 173-303-100.

(c) Generation of waste batteries.

(i) A used battery becomes a waste on the date it is discarded

(for example, when sent for reclamation).

(ii) An unused battery becomes a waste on the date the handler

decides to discard it.

(3) Applicability - Mercury-containing equipment.

(a) Mercury-containing equipment covered under this section. The

requirements of this section apply to persons managing mercury-

containing equipment, as described in WAC 173-303-040, except those

listed in (b) of this subsection.

(b) Mercury-containing equipment not covered under this section.

The requirements of this section do not apply to persons managing the

following mercury-containing equipment:

(i) Mercury-containing equipment that is not yet a waste under

WAC 173-303-016, 173-303-017, or 173-303-070. Paragraph (c) of this

subsection describes when mercury-containing equipment becomes a

waste;

(ii) Mercury-containing equipment that is not a dangerous waste.

Mercury-containing equipment is a dangerous waste if it exhibits one

or more of the characteristics or criteria identified in WAC 173-303-

090 or 173-303-100; and

(iii) Equipment and devices from which the mercury-containing

components have been removed.

(c) Generation of waste mercury-containing equipment.

(i) Used mercury-containing equipment becomes a waste on the date

it is discarded.

(ii) Unused mercury-containing equipment becomes a waste on the

date the handler decides to discard it.

(4) Reserve.

(5) Applicability - Lamps.


(a) Lamps covered under this section. The requirements of this

section apply to persons managing lamps, as described in WAC 173-303-

040, except those listed in (b) of this subsection.

(b) Lamps not covered under this section. The requirements of

this section do not apply to persons managing the following lamps:

(i) Lamps that are not yet wastes under WAC 173-303-016, 173-303-

017, or 173-303-070. Paragraph (c) of this subsection describes when

lamps become wastes.

(ii) Lamps that are not dangerous waste. Lamps that do not exhib-

it one or more of the characteristics or criteria identified in WAC

173-303-090 or 173-303-100 are not dangerous waste.

(c) Generation of waste lamps.

(i) A used lamp becomes a waste on the date it is discarded.

(ii) An unused lamp becomes a waste on the date the handler de-

cides to discard it.

(6) Applicability - Small quantity handlers of universal waste.

Subsections (6) through (16) of this section apply to small quantity

handlers of universal waste (as defined in WAC 173-303-040).

(7) Prohibitions.

A small quantity handler of universal waste is:

(a) Prohibited from disposing of universal waste; and

(b) Prohibited from diluting or treating universal waste, except

by responding to releases as provided in subsection (13) of this sec-

tion; or by managing specific wastes as provided in subsection (9) of

this section.

(8) Notification.

A small quantity handler of universal waste is not required to

notify the department of universal waste handling activities.

(9) Waste management.

(a) Universal waste batteries. A small quantity handler of uni-

versal waste must manage universal waste batteries in a way that pre-

vents releases of any universal waste or component of a universal

waste to the environment, as follows:


(i) A small quantity handler of universal waste must contain any

universal waste battery that shows evidence of leakage, spillage, or

damage that could cause leakage under reasonably foreseeable condi-

tions in a container. The container must be closed, structurally

sound, compatible with the contents of the battery, and must lack evi-

dence of leakage, spillage, or damage that could cause leakage under

reasonably foreseeable conditions.

(ii) A small quantity handler of universal waste may conduct the

following activities as long as the casing of each individual battery

cell is not breached and remains intact and closed (except that cells

may be opened to remove electrolyte but must be immediately closed af-

ter removal):

(A) Sorting batteries by type;

(B) Mixing battery types in one container;

(C) Discharging batteries so as to remove the electric charge;

(D) Regenerating used batteries;

(E) Disassembling batteries or battery packs into individual bat-

teries or cells;

(F) Removing batteries from consumer products; or

(G) Removing electrolyte from batteries.

(iii) A small quantity handler of universal waste who removes

electrolyte from batteries, or who generates other solid waste (for

example, battery pack materials, discarded consumer products) as a re-

sult of the activities listed above, must determine whether the elec-

trolyte and/or other solid waste exhibit a characteristic or criteria

of dangerous waste identified in WAC 173-303-090 or 173-303-100.

(A) If the electrolyte and/or other solid waste exhibit a charac-

teristic or criteria of dangerous waste, it is subject to all applica-

ble requirements of this chapter. The handler is considered the gener-

ator of the dangerous electrolyte and/or other waste and is subject to

WAC 173-303-170 through 173-303-230.

(B) If the electrolyte or other solid waste is not dangerous, the

handler may manage the waste in any way that is in compliance with ap-

plicable federal, state or local solid waste regulations.


(b) Universal waste mercury-containing equipment. A small quanti-

ty handler of universal waste must manage universal waste mercury-

containing equipment in a way that prevents releases of any universal

waste or component of a universal waste to the environment, as fol-

lows:

(i) A small quantity handler of universal waste must place in a

container any universal waste mercury-containing equipment with non-

contained elemental mercury or that shows evidence of leakage, spill-


conditions. The container must be closed, structurally sound, compati-

ble with the contents of the device, must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foresee-

able conditions, and must be reasonably designed to prevent the escape

of mercury into the environment by volatilization or any other means.

(ii) A small quantity handler of universal waste may remove mer-

cury-containing ampules from universal waste mercury-containing equip-

ment provided the handler:

(A) Removes and manages the ampules in a manner designed to pre-

vent breakage of the ampules;

(B) Removes the ampules only over or in a containment device (for

example, tray or pan sufficient to collect and contain any mercury re-

leased from an ampule in case of breakage);

(C) Ensures that a mercury clean-up system is readily available

to immediately transfer any mercury resulting from spills or leaks

from broken ampules from that containment device to a container that

meets the requirements of WAC 173-303-200;

(D) Immediately transfers any mercury resulting from spills or

leaks from broken ampules from the containment device to a container

that meets the requirements of WAC 173-303-200;

(E) Ensures that the area in which ampules are removed is well

ventilated and monitored to ensure compliance with applicable OSHA ex-

posure levels for mercury;

(F) Ensures that employees removing ampules are thoroughly famil-

iar with proper waste mercury handling and emergency procedures, in-


cluding transfer of mercury from containment devices to appropriate

containers;

(G) Stores removed ampules in closed, nonleaking containers that

are in good condition;

(H) Packs removed ampules in the container with packing materials

adequate to prevent breakage during storage, handling, and transporta-

tion; and

(iii) A small quantity handler of universal waste mercury-

containing equipment that does not contain an ampule may remove the

open original housing holding the mercury from universal waste mercu-

ry-containing equipment provided the handler:

(A) Immediately seals the original housing holding the mercury

with an airtight seal to prevent the release of any mercury to the en-

vironment; and

(B) Follows all requirements for removing ampules and managing

removed ampules under (b)(ii) of this subsection; and

(iv)(A) A small quantity handler of universal waste who removes

mercury-containing ampules from mercury-containing equipment or seals

mercury from mercury-containing equipment in its original housing must

determine whether the following exhibit a characteristic or criteria

of dangerous waste identified in WAC 173-303-090 or 173-303-100:

(I) Mercury or clean-up residues resulting from spills or leaks;

and/or

(II) Other solid waste generated as a result of the removal of

mercury-containing ampules or housings (for example, the remaining

mercury-containing device).

(B) If the mercury, residues, and/or other solid waste exhibit a

characteristic or criteria of dangerous waste, it must be managed in

compliance with all applicable requirements of this chapter. The han-

dler is considered the generator of the mercury, residues, and/or oth-

er waste and must manage it subject to WAC 173-303-170 through 173-

303-230.

(C) If the mercury, residues, and/or other solid waste is not

dangerous, the handler may manage the waste in any way that is in com-


pliance with applicable federal, state or local solid waste regula-

tions.

(c) Universal waste lamps. A small quantity handler of universal

waste must manage universal waste lamps in a way that prevents releas-

es of any universal waste or component of a universal waste to the en-

vironment, as follows:

(i) A small quantity handler of universal waste must immediately

clean up and place in a container any universal waste lamps that show

evidence of leakage, spillage, or damage that could cause leakage un-

der reasonably foreseeable conditions. The container must be closed,

structurally sound, compatible with the contents of the lamps, and

must lack evidence of leakage, spillage, or damage that could cause

leakage under reasonably foreseeable conditions;

(ii) A small quantity handler of universal waste must minimize

lamp breakage by accumulating lamps in containers or packages that are

structurally sound, adequate to prevent breakage, and compatible with

the contents of the lamps. The containers and packages must remain

closed and must lack evidence of leakage, spillage, or damage that

could cause leakage under reasonably foreseeable conditions;

(iii) A small quantity handler of universal waste must store

lamps accumulated in cardboard or fiber containers indoors, meaning in

a structure that prevents the container from being exposed to the ele-

ments.

(10) Labeling/marking.

A small quantity handler of universal waste must label or mark

the universal waste to identify the type of universal waste as speci-

fied below:

(a) Universal waste batteries (that is, each battery), or a con-

tainer in which the batteries are contained, must be labeled or marked

clearly with any one of the following phrases: "Universal Waste-

Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies);"

(b)(i) Universal waste mercury-containing equipment (that is,

each device), or a container in which the equipment is contained, must

be labeled or marked clearly with any of the following phrases: "Uni-


versal Waste Mercury-Containing Equipment," "Waste Mercury-Containing

Equipment," or "Used Mercury-Containing Equipment."

(ii) A universal waste mercury-containing thermostat or container

containing only universal waste mercury-containing thermostats may be

labeled or marked clearly with any of the following phrases "Universal

Waste-Mercury Thermostat(s)," "Waste Mercury Thermostat(s)," or "Used

Mercury Thermostat(s)."

(c) Universal waste lamps (that is, each lamp), or a container in

which the lamps are accumulated, must be labeled or marked clearly

with any one of the following phrases: "Universal Waste Lamp(s)," or

"Waste Lamp(s)," or "Used Lamp(s)."

(11) Accumulation time limits.

(a) A small quantity handler of universal waste may accumulate

universal waste for no longer than one year from the date the univer-

sal waste is generated, or received from another handler, unless the

requirements of (b) of this subsection are met.

(b) A small quantity handler of universal waste may accumulate

universal waste for longer than one year from the date the universal

waste is generated, or received from another handler, if such activity

is solely for the purpose of accumulation of such quantities of uni-

versal waste as necessary to facilitate proper recovery, treatment, or

disposal. However, the handler bears the burden of proving that such

activity is solely for the purpose of accumulation of such quantities

of universal waste as necessary to facilitate proper recovery, treat-

ment, or disposal.

(c) A small quantity handler of universal waste who accumulates

universal waste must be able to demonstrate the length of time that

the universal waste has been accumulated from the date it becomes a

waste or is received. The handler may make this demonstration by:

(i) Placing the universal waste in a container and marking or la-

beling the container with the earliest date that any universal waste

in the container became a waste or was received;


(ii) Marking or labeling each individual item of universal waste

(for example, each battery, thermostat, mercury-containing equipment,

or lamp) with the date it became a waste or was received;

(iii) Maintaining an inventory system on-site that identifies the

date each universal waste became a waste or was received;

(iv) Maintaining an inventory system on-site that identifies the

earliest date that any universal waste in a group of universal waste

items or a group of containers of universal waste became a waste or

was received;

(v) Placing the universal waste in a specific accumulation area

and identifying the earliest date that any universal waste in the area

became a waste or was received; or

(vi) Any other method which clearly demonstrates the length of

time that the universal waste has been accumulated from the date it

becomes a waste or is received.

(12) Employee training.

A small quantity handler of universal waste must inform all em-

ployees who handle or have responsibility for managing universal

waste. The information must describe proper handling and emergency

procedures appropriate to the type(s) of universal waste handled at

the facility.

(13) Response to releases.

(a) A small quantity handler of universal waste must immediately

contain all releases of universal wastes and other residues from uni-

versal wastes.

(b) A small quantity handler of universal waste must determine

whether any material resulting from the release is dangerous waste,

and if so, must manage the dangerous waste in compliance with all ap-

plicable requirements of this chapter. The handler is considered the

generator of the material resulting from the release, and must manage

it in compliance with WAC 173-303-170 through 173-303-230.

(14) Off-site shipments.

(a) A small quantity handler of universal waste is prohibited

from sending or taking universal waste to a place other than another


universal waste handler, a destination facility, or a foreign destina-

tion.

(b) If a small quantity handler of universal waste self-

transports universal waste off-site, the handler becomes a universal

waste transporter for those self-transportation activities and must

comply with the transporter requirements of subsections (28) through

(34) of this section while transporting the universal waste.

(c) If a universal waste being offered for off-site transporta-

tion meets the definition of hazardous materials under 49 C.F.R. Parts

171 through 180, a small quantity handler of universal waste must

package, label, mark and placard the shipment, and prepare the proper

shipping papers in accordance with the applicable Department of Trans-

portation regulations under 49 C.F.R. Parts 172 through 180.

(d) Prior to sending a shipment of universal waste to another

universal waste handler, the originating handler must ensure that the

receiving handler agrees to receive the shipment.

(e) If a small quantity handler of universal waste sends a ship-

ment of universal waste to another handler or to a destination facili-

ty and the shipment is rejected by the receiving handler or destina-

tion facility, the originating handler must either:

(i) Receive the waste back when notified that the shipment has

been rejected, or

(ii) Agree with the receiving handler on a destination facility

to which the shipment will be sent.

(f) A small quantity handler of universal waste may reject a

shipment containing universal waste, or a portion of a shipment con-

taining universal waste that he has received from another handler. If

a handler rejects a shipment or a portion of a shipment, he must con-

tact the originating handler to notify him of the rejection and to

discuss reshipment of the load. The handler must:

(i) Send the shipment back to the originating handler; or

(ii) If agreed to by both the originating and receiving handler,

send the shipment to a destination facility.


(g) If a small quantity handler of universal waste receives a

shipment containing dangerous waste that is not a universal waste, the

handler must immediately notify the department of the illegal ship-

ment, and provide the name, address, and phone number of the originat-

ing shipper. The department will provide instructions for managing the

dangerous waste.

(h) If a small quantity handler of universal waste receives a

shipment of nondangerous, nonuniversal waste, the handler may manage

the waste in any way that is in compliance with applicable federal,

state or local solid waste regulations.

(15) Tracking universal waste shipments.

A small quantity handler of universal waste is not required to

keep records of shipments of universal waste.

(16) Exports.

A small quantity handler of universal waste who sends universal

waste to a foreign destination other than to those OECD countries

specified in 40 C.F.R. 262.58 (a)(1) (in which case the handler is

subject to the requirements of 40 C.F.R. Part 262, subpart H which is

incorporated by reference at WAC 173-303-230) must:

(a) Comply with the requirements applicable to a primary exporter

in 40 C.F.R. 262.53, 262.56 (a)(1) through (4), (6), and (b) and

262.57 which are incorporated by reference at WAC 173-303-230(1);

(b) Export such universal waste only upon consent of the receiv-

ing country and in conformance with the EPA Acknowledgment of Consent

as defined in 40 C.F.R. Subpart E of Part 262 which is incorporated by

reference at WAC 173-303-230(1); and

(c) Provide a copy of the EPA Acknowledgment of Consent for the


(17) Applicability - Large quantity handlers of universal waste.

Subsections (17) through (27) of this section apply to large

quantity handlers of universal waste (as defined in WAC 173-303-040).

(18) Prohibitions.

A large quantity handler of universal waste is:





tion; or by managing specific wastes as provided in subsection (20) of

this section.

(19) Notification.

(a)(i) Except as provided in (a)(ii) of this subsection, a large

quantity handler of universal waste must have sent written notifica-

tion of universal waste management to the department, and received an

EPA Identification Number, before meeting or exceeding the 11,000

pound storage limit and/or before meeting or exceeding the 2,200 pound

storage limit for lamps.

(ii) A large quantity handler of universal waste who has already

notified the department of their dangerous waste management activities

and has received an EPA Identification Number is not required to reno-

tify under this section.

(b) This notification must include:

(i) The universal waste handler's name and mailing address;

(ii) The name and business telephone number of the person at the

universal waste handler's site who should be contacted regarding uni-

versal waste management activities;

(iii) The address or physical location of the universal waste

management activities;

(iv) A list of all of the types of universal waste managed by the

handler (for example, batteries, mercury-containing equipment, and

lamps); and

(v) A statement indicating that the handler is accumulating more

than 11,000 pounds of universal waste at one time, and/or a statement

indicating that the handler is accumulating more than 2,200 pounds of

lamps at one time. (For example, if a handler is accumulating 6,000

pounds of batteries, 4,500 pounds of mercury-containing equipment and

600 pounds of universal waste lamps, they would notify for having

11,100 pounds of universal waste at one time - Likewise, if a handler

is accumulating 6,000 pounds of batteries, 2,000 pounds of mercury-

containing equipment and 2,400 pounds of universal waste lamps, they


would also need to notify for exceeding the 2,200 pound limit for uni-

versal waste lamps.)


(a) Universal waste batteries. A large quantity handler of uni-

versal waste must manage universal waste batteries in a way that pre-

vents releases of any universal waste or component of a universal

waste to the environment, as follows:

(i) A large quantity handler of universal waste must contain any

universal waste battery that shows evidence of leakage, spillage, or

damage that could cause leakage under reasonably foreseeable condi-

tions in a container. The container must be closed, structurally

sound, compatible with the contents of the battery, and must lack evi-

dence of leakage, spillage, or damage that could cause leakage under

reasonably foreseeable conditions.

(ii) A large quantity handler of universal waste may conduct the

following activities as long as the casing of each individual battery

cell is not breached and remains intact and closed (except that cells

may be opened to remove electrolyte but must be immediately closed af-

ter removal):

(A) Sorting batteries by type;

(B) Mixing battery types in one container;

(C) Discharging batteries so as to remove the electric charge;

(D) Regenerating used batteries;

(E) Disassembling batteries or battery packs into individual bat-

teries or cells;

(F) Removing batteries from consumer products; or

(G) Removing electrolyte from batteries.

(iii) A large quantity handler of universal waste who removes

electrolyte from batteries, or who generates other solid waste (for

example, battery pack materials, discarded consumer products) as a re-

sult of the activities listed above, must determine whether the elec-

trolyte and/or other solid waste exhibit a characteristic or criteria

of dangerous waste identified in WAC 173-303-090 or 173-303-100.


(A) If the electrolyte and/or other solid waste exhibit a charac-

teristic or criteria of dangerous waste, it must be managed in compli-

ance with all applicable requirements of this chapter. The handler is

considered the generator of the dangerous electrolyte and/or other

waste and is subject to WAC 173-303-170 through 173-303-230.

(B) If the electrolyte or other solid waste is not dangerous, the

handler may manage the waste in any way that is in compliance with ap-

plicable federal, state or local solid waste regulations.

(b) Universal waste mercury-containing equipment. A large quanti-

ty handler of universal waste must manage universal waste mercury-

containing equipment in a way that prevents releases of any universal

waste or component of a universal waste to the environment, as fol-

lows:

(i) A large quantity handler of universal waste must place in a

container any universal waste mercury-containing equipment with non-

contained elemental mercury or that shows evidence of leakage, spill-


conditions. The container must be closed, structurally sound, compati-

ble with the contents of the device, must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foresee-

able conditions, and must be reasonably designed to prevent the escape

of mercury into the environment by volatilization or any other means.

(ii) A large quantity handler of universal waste may remove mer-

cury-containing ampules from universal waste mercury-containing equip-

ment provided the handler:

(A) Removes and manages the ampules in a manner designed to pre-

vent breakage of the ampules;

(B) Removes ampules only over or in a containment device (for ex-

ample, tray or pan sufficient to collect and contain any mercury re-

leased from an ampule in case of breakage);

(C) Ensures that a mercury clean-up system is readily available

to immediately transfer any mercury resulting from spills or leaks of

broken ampules, from that containment device to a container that meets

the requirements of WAC 173-303-200;


(D) Immediately transfers any mercury resulting from spills or

leaks from broken ampules from the containment device to a container

that meets the requirements of WAC 173-303-200;

(E) Ensures that the area in which ampules are removed is well

ventilated and monitored to ensure compliance with applicable OSHA ex-

posure levels for mercury;

(F) Ensures that employees removing ampules are thoroughly famil-

iar with proper waste mercury handling and emergency procedures, in-

cluding transfer of mercury from containment devices to appropriate

containers;

(G) Stores removed ampules in closed, nonleaking containers that

are in good condition;

(H) Packs removed ampules in the container with packing materials

adequate to prevent breakage during storage, handling, and transporta-

tion;

(iii) A large quantity handler of universal waste mercury-

containing equipment that does not contain an ampule may remove the

open original housing holding the mercury from universal waste mercu-

ry-containing equipment provided the handler:

(A) Immediately seals the original housing holding the mercury

with an airtight seal to prevent the release of any mercury to the en-

vironment; and

(B) Follows all requirements for removing ampules and managing

removed ampules under (b)(ii) of this subsection; and

(iv)(A) A large quantity handler of universal waste who removes

mercury-containing ampules from mercury-containing equipment or seals

mercury from mercury-containing equipment in its original housing must

determine whether the following exhibit a characteristic or criteria

of dangerous waste identified in WAC 173-303-090 or 173-303-100:

(I) Mercury or clean-up residues resulting from spills or leaks;

and/or

(II) Other solid waste generated as a result of the removal of

mercury-containing ampules or housings (for example, the remaining

mercury-containing device).


(B) If the mercury, residues, and/or other solid waste exhibits a

characteristic or criteria of dangerous waste, it must be managed in

compliance with all applicable requirements of this chapter. The han-

dler is considered the generator of the mercury, residues, and/or oth-

er waste and must manage it in compliance with WAC 173-303-170 through

173-303-230.

(C) If the mercury, residues, and/or other solid waste is not

dangerous, the handler may manage the waste in any way that is in com-

pliance with applicable federal, state or local solid waste regula-

tions.

(c) Universal waste lamps. A large quantity handler of universal

waste must manage universal waste lamps in a way that prevents releas-

es of any universal waste or component of a universal waste to the en-

vironment, as follows:

(i) A large quantity handler of universal waste must immediately

clean up and place in a container any universal waste lamps that show

evidence of leakage, spillage, or damage that could cause leakage un-

der reasonably foreseeable conditions. The container must be closed,

structurally sound, compatible with the contents of the lamps, and

must lack evidence of leakage, spillage, or damage that could cause

leakage under reasonably foreseeable conditions;

(ii) A large quantity handler of universal waste must minimize

lamp breakage by accumulating lamps in containers or packages that are

structurally sound, adequate to prevent breakage, and compatible with

the contents of the lamps. The containers and packages must remain

closed and must lack evidence of leakage, spillage, or damage that

could cause leakage under reasonably foreseeable conditions;

(iii) A large quantity handler of universal waste must store

lamps accumulated in cardboard or fiber containers indoors, meaning in

a structure that prevents a container from being exposed to the ele-

ments.

(21) Labeling/marking.


A large quantity handler of universal waste must label or mark

the universal waste to identify the type of universal waste as speci-

fied below:

(a) Universal waste batteries (that is, each battery), or a con-

tainer or tank in which the batteries are contained, must be labeled

or marked clearly with any one of the following phrases: "Universal

Waste-Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies);"

(b)(i) Mercury-containing equipment (that is, each device), or a

container in which the equipment is contained, must be labeled or

marked clearly with any of the following phrases: "Universal Waste-

Mercury-Containing Equipment," or "Waste Mercury-Containing Equip-

ment," or "Used Mercury-Containing Equipment."

(ii) A universal waste mercury-containing thermostat or container

containing only universal waste mercury-containing thermostats may be

labeled or marked clearly with any of the following phrases: "Univer-

sal Waste-Mercury Thermostat(s)," "Waste Mercury Thermostat(s)," or

"Used Mercury Thermostat(s)."

(c) Universal waste lamp (that is, each lamp), or a container in

which the lamps are accumulated, must be labeled or marked clearly

with any one of the following phrases: "Universal Waste Lamp(s)," or

"Waste Lamp(s)," or "Used Lamp(s)."

(22) Accumulation time limits.

(a) A large quantity handler of universal waste may accumulate

universal waste for no longer than one year from the date the univer-

sal waste is generated, or received from another handler, unless the

requirements of (b) of this subsection are met.

(b) A large quantity handler of universal waste may accumulate

universal waste for longer than one year from the date the universal

waste is generated, or received from another handler, if such activity

is solely for the purpose of accumulation of such quantities of uni-

versal waste as necessary to facilitate proper recovery, treatment, or

disposal. However, the handler bears the burden of proving that such

activity was solely for the purpose of accumulation of such quantities


of universal waste as necessary to facilitate proper recovery, treat-

ment, or disposal.

(c) A large quantity handler of universal waste must be able to

demonstrate the length of time that the universal waste has been accu-

mulated from the date it becomes a waste or is received. The handler

may make this demonstration by:

(i) Placing the universal waste in a container and marking or la-

beling the container with the earliest date that any universal waste

in the container became a waste or was received;

(ii) Marking or labeling the individual item of universal waste

(for example, each battery, thermostat, mercury-containing equipment,

or lamp) with the date it became a waste or was received;

(iii) Maintaining an inventory system on site that identifies the

date the universal waste being accumulated became a waste or was re-

ceived;

(iv) Maintaining an inventory system on site that identifies the

earliest date that any universal waste in a group of universal waste

items or a group of containers of universal waste became a waste or

was received;

(v) Placing the universal waste in a specific accumulation area

and identifying the earliest date that any universal waste in the area

became a waste or was received; or

(vi) Any other method which clearly demonstrates the length of

time that the universal waste has been accumulated from the date it

becomes a waste or is received.

(23) Employee training.

A large quantity handler of universal waste must ensure that all

employees are thoroughly familiar with proper waste handling and emer-

gency procedures, relative to their responsibilities during normal fa-

cility operations and emergencies.


(a) A large quantity handler of universal waste must immediately

contain all releases of universal wastes and other residues from uni-

versal wastes.


(b) A large quantity handler of universal waste must determine

whether any material resulting from the release is dangerous waste,

and if so, must manage the dangerous waste in compliance with all ap-

plicable requirements of this chapter. The handler is considered the

generator of the material resulting from the release, and is subject

to WAC 173-303-145 and 173-303-170 through 173-303-230.


(a) A large quantity handler of universal waste is prohibited

from sending or taking universal waste to a place other than another

universal waste handler, a destination facility, or a foreign destina-

tion.

(b) If a large quantity handler of universal waste self-

transports universal waste off site, the handler becomes a universal

waste transporter for those self-transportation activities and must

comply with the transporter requirements of subsections (28) through

(34) of this section while transporting the universal waste.

(c) If a universal waste being offered for off-site transporta-

tion meets the definition of hazardous materials under 49 C.F.R. 171

through 180, a large quantity handler of universal waste must package,

label, mark and placard the shipment, and prepare the proper shipping

papers in accordance with the applicable Department of Transportation

regulations under 49 C.F.R. Parts 172 through 180;

(d) Prior to sending a shipment of universal waste to another

universal waste handler, the originating handler must ensure that the

receiving handler agrees to receive the shipment.

(e) If a large quantity handler of universal waste sends a ship-

ment of universal waste to another handler or to a destination facili-

ty and the shipment is rejected by the receiving handler or destina-

tion facility, the originating handler must either:

(i) Receive the waste back when notified that the shipment has

been rejected; or

(ii) Agree with the receiving handler on a destination facility

to which the shipment will be sent.


(f) A large quantity handler of universal waste may reject a


taining universal waste that he has received from another handler. If

a handler rejects a shipment or a portion of a shipment, he must con-

tact the originating handler to notify him of the rejection and to

discuss reshipment of the load. The handler must:

(i) Send the shipment back to the originating handler; or

(ii) If agreed to by both the originating and receiving handler,

send the shipment to a destination facility.

(g) If a large quantity handler of universal waste receives a


handler must immediately notify the department of the illegal ship-

ment, and provide the name, address, and phone number of the originat-

ing shipper. The department will provide instructions for managing the

dangerous waste.

(h) If a large quantity handler of universal waste receives a

shipment of nondangerous, nonuniversal waste, the handler may manage

the waste in any way that is in compliance with applicable federal,

state or local solid waste regulations.


(a) Receipt of shipments. A large quantity handler of universal

waste must keep a record of each shipment of universal waste received

at the facility. The record may take the form of a log, invoice, mani-

fest, bill of lading, or other shipping document. The record for each

shipment of universal waste received must include the following infor-

mation:

(i) The name and address of the originating universal waste han-

dler or foreign shipper from whom the universal waste was sent;

(ii) The quantity of each type of universal waste received (for

example, batteries, thermostats, mercury-containing equipment, or

lamps);

(iii) The date of receipt of the shipment of universal waste.

(b) Shipments off site. A large quantity handler of universal

waste must keep a record of each shipment of universal waste sent from


the handler to other facilities. The record may take the form of a

log, invoice, manifest, bill of lading or other shipping document. The

record for each shipment of universal waste sent must include the fol-

lowing information:

(i) The name and address of the universal waste handler, destina-

tion facility, or foreign destination to whom the universal waste was

sent;

(ii) The quantity of each type of universal waste sent (for exam-

ple, batteries, thermostats, mercury-containing equipment, or lamps);

(iii) The date the shipment of universal waste left the facility.

(c) Record retention.

(i) A large quantity handler of universal waste must retain the

records described in (a) of this subsection for at least three years

from the date of receipt of a shipment of universal waste.

(ii) A large quantity handler of universal waste must retain the

records described in (b) of this subsection for at least three years

from the date a shipment of universal waste left the facility.

(27) Exports.

A large quantity handler of universal waste who sends universal

waste to a foreign destination other than to those OECD countries



incorporated by reference at WAC 173-303-230) must:

(a) Comply with the requirements applicable to a primary exporter

in 40 C.F.R. 262.53, 262.56 (a)(1) through (4), (6), and (b) and

262.57 which are incorporated by reference at WAC 173-303-230(1);

(b) Export such universal waste only upon consent of the receiv-

ing country and in conformance with the EPA Acknowledgment of Consent

as defined in 40 C.F.R. 262 Subpart E which is incorporated by refer-

ence at WAC 173-303-230(1); and

(c) Provide a copy of the EPA Acknowledgment of Consent for the



(28) Applicability - Universal waste transporters. Subsections

(28) through (34) of this section apply to universal waste transport-

ers (as defined in WAC 173-303-040).

(29) Prohibitions.

A universal waste transporter is:




tion.


(a) A universal waste transporter must comply with all applicable

U.S. Department of Transportation regulations in 49 C.F.R. Part 171

through 180 for transport of any universal waste that meets the defi-

nition of hazardous material in 49 C.F.R. 171.8. For purposes of the

Department of Transportation regulations, a material is considered a

dangerous waste if it is subject to the Hazardous Waste Manifest Re-

quirements of the U.S. Environmental Protection Agency specified in

WAC 173-303-180. Because universal waste does not require a dangerous

waste manifest, it is not considered hazardous waste under the Depart-

ment of Transportation regulations.

(b) Some universal waste materials are regulated by the Depart-

ment of Transportation as hazardous materials because they meet the

criteria for one or more hazard classes specified in 49 C.F.R. 173.2.

As universal waste shipments do not require a manifest under WAC 173-

303-180, they may not be described by the DOT proper shipping name

"hazardous waste, (l) or (s), n.o.s.," nor may the hazardous materi-

al's proper shipping name be modified by adding the word "waste."

(31) Storage time limits.

(a) A universal waste transporter may only store the universal

waste at a universal waste transfer facility for ten days or less.

(b) If a universal waste transporter stores universal waste for

more than ten days, the transporter becomes a universal waste handler

and must comply with the applicable requirements for small or large


quantity handlers (subsections (6) through (27) of this section) while

storing the universal waste.


(a) A universal waste transporter must immediately contain all

releases of universal wastes and other residues from universal wastes.

(b) A universal waste transporter must determine whether any ma-

terial resulting from the release is dangerous waste, and if so, it is

subject to all applicable requirements of this chapter. If the waste

is determined to be a dangerous waste, the transporter is subject to

WAC 173-303-145 and 173-303-170 through 173-303-230.


(a) A universal waste transporter is prohibited from transporting

the universal waste to a place other than a universal waste handler, a

destination facility, or a foreign destination.

(b) If the universal waste being shipped off site meets the De-

partment of Transportation's definition of hazardous materials under

49 C.F.R. 171.8, the shipment must be properly described on a shipping

paper in accordance with the applicable Department of Transportation

regulations under 49 C.F.R. Part 172.

(34) Exports.

A universal waste transporter transporting a shipment of univer-

sal waste to a foreign destination other than to those OECD countries



incorporated by reference at WAC 173-303-230) may not accept a ship-

ment if the transporter knows the shipment does not conform to the EPA

Acknowledgment of Consent. In addition the transporter must ensure

that:

(a) A copy of the EPA Acknowledgment of Consent accompanies the

shipment; and

(b) The shipment is delivered to the facility designated by the

person initiating the shipment.

(35) Applicability - Destination facilities. Subsections (35)

through (37) of this section apply to destination facilities.


(a) The owner or operator of a destination facility (as defined

in WAC 173-303-040) is subject to all applicable requirements of WAC

173-303-140 and 173-303-141, 173-303-280 through 173-303-525, 173-303-

600 through 173-303-695, 173-303-800 through 173-303-840, and the no-

tification requirement at WAC 173-303-060:, or

(b) The owner or operator of a destination facility that recycles

a particular universal waste without storing that universal waste be-

fore it is recycled must comply with WAC 173-303-120 (4)(c).


(a) The owner or operator of a destination facility is prohibited

from sending or taking universal waste to a place other than a univer-

sal waste handler, another destination facility or foreign destina-

tion.

(b) The owner or operator of a destination facility may reject a


taining universal waste. If the owner or operator of the destination

facility rejects a shipment or a portion of a shipment, he must con-

tact the shipper to notify him of the rejection and to discuss reship-

ment of the load. The owner or operator of the destination facility

must:

(i) Send the shipment back to the original shipper; or

(ii) If agreed to by both the shipper and the owner or operator

of the destination facility, send the shipment to another destination

facility.

(c) If the owner or operator of a destination facility receives a


owner or operator of the destination facility must immediately notify

the department of the illegal shipment, and provide the name, address,

and phone number of the shipper. The department will provide instruc-

tions for managing the dangerous waste.

(d) If the owner or operator of a destination facility receives a

shipment of nondangerous, nonuniversal waste, the owner or operator

may manage the waste in any way that is in compliance with applicable

federal or state solid waste regulations.



(a) The owner or operator of a destination facility must keep a

record of each shipment of universal waste received at the facility.

The record may take the form of a log, invoice, manifest, bill of lad-

ing, or other shipping document. The record for each shipment of uni-

versal waste received must include the following information:

(i) The name and address of the universal waste handler, destina-

tion facility, or foreign shipper from whom the universal waste was

sent;

(ii) The quantity of each type of universal waste received (for

example, batteries, thermostats, mercury-containing equipment, or

lamps);

(iii) The date of receipt of the shipment of universal waste.

(b) The owner or operator of a destination facility must retain

the records described in (a) of this subsection for at least three

years from the date of receipt of a shipment of universal waste.

(38) Imports.

Persons managing universal waste that is imported from a foreign

country into the United States are subject to the applicable require-

ments of this section, immediately after the waste enters the United

States, as indicated in (a) through (c) of this subsection:

(a) A universal waste transporter is subject to the universal

waste transporter requirements of subsections (28) through (34) of

this section.

(b) A universal waste handler is subject to the small or large

quantity handler of universal waste requirements of subsections (6)

through (27) of this section, as applicable.

(c) An owner or operator of a destination facility is subject to

the destination facility requirements of subsections (35) through (37)

of this section.

(d) Persons managing universal waste that is imported from an

OECD country as specified at 40 C.F.R. 262.58 (a)(1), which is incor-

porated by reference at WAC 173-303-230(1), are subject to (a) through

(c) of this subsection, in addition to the requirements of 40 C.F.R.


Part 262 subpart H, which is incorporated by reference at WAC 173-303-

230(1).

(39) General - Petitions. Subsections (39) and (40) of this sec-

tion address petitions to include other wastes under this section.

(a) Except as provided in paragraph (d) of this subsection, aAny

person seeking to add a dangerous waste or a category of dangerous

waste to this section may petition for a regulatory amendment under

subsections (39) and (40) of this section and WAC 173-303-910 (1) and

(7).

(b) To be successful, the petitioner must demonstrate to the sat-

isfaction of the department that regulation under the universal waste

regulations of this section is: Appropriate for the waste or category

of waste; will improve management practices for the waste or category

of waste; and will improve implementation of the dangerous waste pro-

gram. The petition must include the information required by WAC 173-

303-910 (1)(b). The petition should also address as many of the fac-

tors listed in subsection (40) of this section as are appropriate for

the waste or waste category addressed in the petition.

(c) The department will evaluate petitions using the factors

listed in subsection (40) of this section. The department will grant

or deny a petition using the factors listed in subsection (40) of this

section. The decision will be based on the weight of evidence showing

that regulation under this section is appropriate for the waste or

category of waste, will improve management practices for the waste or

category of waste, and will improve implementation of the dangerous

waste program.

(d) Pharmaceutical dangerous waste is regulated by WAC 173-303-

555 and may not be added as a category of dangerous waste for manage-

ment under this section.

(40) Factors for petitions to include other wastes under this

section.

(a) The waste or category of waste, as generated by a wide varie-

ty of generators, is listed in WAC 173-303-081 or 173-303-082, or (if

not listed) a proportion of the waste stream exhibits one or more


characteristics or criteria of dangerous waste identified in WAC 173-

303-090 or 173-303-100. (When a characteristic waste is added to the

universal waste regulations of this section by using a generic name to

identify the waste category (for example, batteries), the definition

of universal waste in WAC 173-303-040 will be amended to include only

the dangerous waste portion of the waste category (for example, dan-

gerous waste batteries).) Thus, only the portion of the waste stream

that does exhibit one or more characteristics or criteria (that is, is

dangerous waste) is subject to the universal waste regulations of this

section;

(b) The waste or category of waste is not exclusive to a specific

industry or group of industries, is commonly generated by a wide vari-

ety of types of establishments (including, for example, households,

retail and commercial businesses, office complexes, conditionally ex-

empt small quantity generators, small businesses, government organiza-

tions, as well as large industrial facilities);

(c) The waste or category of waste is generated by a large number

of generators (for example, more than 1,000 nationally) and is fre-

quently generated in relatively small quantities by each generator;

(d) Systems to be used for collecting the waste or category of

waste (including packaging, marking, and labeling practices) would en-

sure close stewardship of the waste;

(e) The risk posed by the waste or category of waste during accu-

mulation and transport is relatively low compared to other dangerous

wastes, and specific management standards proposed or referenced by

the petitioner (for example, waste management requirements appropriate

to be added to subsections (9), (20), and (30) of this section; and/or

applicable Department of Transportation requirements) would be protec-

tive of human health and the environment during accumulation and

transport;

(f) Regulation of the waste or category of waste under this sec-

tion will increase the likelihood that the waste will be diverted from

nondangerous waste management systems (for example, the municipal

waste stream, nondangerous industrial or commercial waste stream, mu-


nicipal sewer or stormwater systems) to recycling, treatment, or dis-

posal in compliance with the Hazardous Waste Management Act chapter

70.105 RCW, this chapter, and RCRA Subtitle C.

(g) Regulation of the waste or category of waste under this sec-

tion will improve implementation of and compliance with the dangerous

waste regulatory program; and/or

(h) Such other factors as may be appropriate.

(41) Applicability - Household and conditionally exempt small

quantity generator waste.

(a) Persons managing the wastes listed below may, at their op-

tion, manage them under the requirements of this section:

(i) Household wastes that are exempt under WAC 173-303-071 (3)(c)

and are also of the same type as the universal wastes defined at WAC

173-303-040; and/or

(ii) Small quantity generator wastes that are conditionally ex-

empt under WAC 173-303-070(8) and are also of the same type as the

universal wastes defined at WAC 173-303-040.

(b) Persons who commingle the wastes described in (a)(i) and (ii)

of this subsection together with universal waste regulated under this

section must manage the commingled waste under the requirements of

this section.









03-018 (Order 97-03), § 173-303-573, filed 1/12/98, effective

2/12/98.]

WAC 173-303-610 Closure and post-closure. (1) Applicability.


(a) Subsections (2) through (6) of this section, (which concern

closure), apply to the owners and operators of all dangerous waste fa-

cilities.

(b) Subsections (7) through (11) of this section, (which concern

post-closure care), apply to the owners and operators of all regulated

units (as defined in WAC 173-303-040) at which dangerous waste will

remain after closure, to tank systems that are required under WAC 173-

303-640(8) to meet the requirements of landfills, to surface impound-

ments, waste piles, and miscellaneous units as specified in WAC 173-

303-650(6), 173-303-660(9), and 173-303-680(4), respectively; to con-

tainment buildings that are required under 40 C.F.R. 264.1102 (incor-

porated by reference at WAC 173-303-695) to meet the requirements for

landfills; and, unless otherwise authorized by the department, to the

owners and operators of all facilities which, at closure, cannot meet

the removal or decontamination limits specified in subsection (2)(b)

of this section.

(c) Owners and operators of off-site recycling facilities subject

to WAC 173-303-120 (3) or (4), and off-site used oil processors sub-

ject to regulation under WAC 173-303-515(9) are subject to:

(i) WAC 173-303-610(2) Closure performance standard; and

(ii) WAC 173-303-610(12) Off-site recycling and used oil proces-

sor closure plans.

(d) For the purposes of the closure and post-closure require-

ments, any portion of a facility which closes is subject to the appli-

cable closure and post-closure standards even if the rest of the fa-

cility does not close and continues to operate.

(e) Except for subsection (2)(a) of this section, the director

may, in an enforceable document, replace all or part of the require-

ments of this section and the unit-specific requirements referenced in

subsection (2)(b) of this section with alternative requirements when

he or she determines:

(i) A dangerous waste unit is situated among other solid waste

management units or areas of concern, a release has occurred, and both

the dangerous waste unit and one or more of the solid waste management


units or areas of concern are likely to have contributed to the re-

lease; and

(ii) It is not necessary to apply the requirements of this sec-

tion (or the unit-specific requirements referenced in subsection

(2)(b) of this section) because the alternative requirements will pro-

tect human health and the environment.

(2) Closure performance standard. The owner or operator must

close the facility in a manner that:

(a)(i) Minimizes the need for further maintenance;

(ii) Controls, minimizes or eliminates to the extent necessary to

protect human health and the environment, post-closure escape of dan-

gerous waste, dangerous constituents, leachate, contaminated runoff,

or dangerous waste decomposition products to the ground, surface wa-

ter, groundwater, or the atmosphere; and

(iii) Returns the land to the appearance and use of surrounding

land areas to the degree possible given the nature of the previous

dangerous waste activity.

(b) Where the closure requirements of this section, or of WAC

173-303-630(10), 173-303-640(8), 173-303-650(6), 173-303-655(6), 173-

303-655(8), 173-303-660(9), 173-303-665(6), 173-303-670(8), 173-303-

680 (2) through (4), or 40 C.F.R. 264.1102 (incorporated by reference

at WAC 173-303-695) call for the removal or decontamination of danger-

ous wastes, waste residues, or equipment, bases, liners, soils or oth-

er materials containing or contaminated with dangerous wastes or waste

residue, then such removal or decontamination must assure that the

levels of dangerous waste or dangerous waste constituents or residues

do not exceed:

(i) For soils, groundwater, surface water, and air, the numeric

cleanup levels calculated using unrestricted use exposure assumptions

according to the Model Toxics Control Act Regulations, chapter 173-340

WAC as of the effective date or hereafter amended. Primarily, these

will be numeric cleanup levels calculated according to MTCA Method B,

although MTCA Method A may be used as appropriate, see WAC 173-340-700

through 173-340-760, excluding WAC 173-340-745; and


(ii) For all structures, equipment, bases, liners, etc., clean

closure standards will be set by the department on a case-by-case ba-

sis in accordance with the closure performance standards of WAC 173-

303-610 (2)(a)(ii) and in a manner that minimizes or eliminates post-

closure escape of dangerous waste constituents.

(3) Closure plan; amendment of plan.

(a) The owner or operator of a dangerous waste management facili-

ty must have a written closure plan. In addition, certain surface im-

poundments and waste piles from which the owner or operator intends to

remove or decontaminate the dangerous waste at partial or final clo-

sure are required by WAC 173-303-650(6) and 173-303-660(9) to have

contingent closure plans. The plan must be submitted with the permit

application, in accordance with WAC 173-303-806(4), and approved by

the department as part of the permit issuance procedures under WAC

173-303-840. The approved closure plan will become a condition of any

permit. The department's decision must assure that the approved clo-

sure plan is consistent with subsections (2), (3), (4), (5), and (6)

of this section, and the applicable requirements of WAC 173-303-

630(10), 173-303-640(8), 173-303-645, 173-303-650(6), 173-303-655(8),

173-303-660(9), 173-303-665(6), 173-303-670(8), 173-303-680(2), and 40

C.F.R. 264.1102 (incorporated by reference at WAC 173-303-695). A copy

of the approved plan and all revisions to the plan must be furnished

to the department upon request, including request by mail until final

closure is completed and certified in accordance with subsection (6)

of this section. The plan must identify steps necessary to perform

partial and/or final closure of the facility at any point during its

active life. The closure plan must include at least:

(i) A description of how each dangerous waste management unit at

the facility will be closed in accordance with subsection (2) of this

section;

(ii) A description of how final closure of the facility will be

conducted in accordance with subsection (2) of this section. The de-

scription must identify the maximum extent of the operation which will

be unclosed during the active life of the facility;


(iii) An estimate of the maximum inventory of dangerous wastes

ever on-site over the active life of the facility. (Any change in this

estimate is a Class 1 modification with prior approval under WAC 173-

303-830(4));

(iv) A detailed description of the methods to be used during par-

tial closures and final closure, including, but not limited to, meth-

ods for removing, transporting, treating, storing, or disposing of all

dangerous wastes, and identification of the type(s) of the off-site

dangerous waste management units to be used, if applicable;

(v) A detailed description of the steps needed to remove or de-

contaminate all dangerous waste residues and contaminated containment

system components, equipment, structures, and soils during partial and

final closure, including, but not limited to, procedures for cleaning

equipment and removing contaminated soils, methods for sampling and

testing surrounding soils, and criteria for determining the extent of

decontamination required to satisfy the closure performance standard;

(vi) A detailed description of other activities necessary during

the closure period to ensure that all partial closures and final clo-

sure satisfy the closure performance standards, including, but not

limited to, groundwater monitoring, leachate collection, and run-on

and runoff control;

(vii) A schedule for closure of each dangerous waste management

unit and for final closure of the facility. The schedule must include,

at a minimum, the total time required to close each dangerous waste

management unit and the time required for intervening closure activi-

ties which will allow tracking of the progress of partial and final

closure. (For example, in the case of a landfill unit, estimates of

the time required to treat or dispose of all dangerous waste inventory

and of the time required to place a final cover must be included.);

and

(viii) For facilities that use trust funds to establish financial

assurance under WAC 173-303-620 (4) or (6) and that are expected to

close prior to the expiration of the permit, an estimate of the ex-

pected year of final closure.


(ix) For facilities where the director has applied alternative

requirements under subsection (1)(e) of this section, WAC 173-303-645

(1)(fe), or 173-303-620 (1)(d), the closure plan must include either

the alternative requirements or a reference to the enforceable docu-

ment that contains the alternative requirements.

(b) The owner or operator must submit a written notification of

or request for a permit modification to authorize a change in operat-

ing plans, facility design, or the approved closure plan in accordance

with the applicable procedures in WAC 173-303-800 through 173-303-840.

The written notification or request must include a copy of the amended

closure plan for review or approval by the department.

(i) The owner or operator may submit a written notification or

request to the department for a permit modification to amend the clo-

sure plan at any time prior to the notification of partial or final

closure of the facility.

(ii) The owner or operator must submit a written notification of

or request for a permit modification to authorize a change in the ap-

proved closure plan whenever:

(A) Changes in operating plans or facility design affect the clo-

sure plan; or

(B) There is a change in the expected year of closure, if appli-

cable; or

(C) In conducting partial or final closure activities, unexpected

events require a modification of the approved closure plan; or

(D) The owner/operator requests the director apply alternative


(1)(fe), or 173-303-620 (1)(d).

(iii) The owner or operator must submit a written request for a

permit modification including a copy of the amended closure plan for

approval at least sixty days prior to the proposed change in facility

design or operation, or no later than sixty days after an unexpected

event has occurred which has affected the closure plan. If an unex-

pected event occurs during the partial or final closure period, the

owner or operator must request a permit modification no later than


thirty days after the unexpected event. An owner or operator of a sur-

face impoundment or waste pile that intends to remove all dangerous

waste at closure and is not otherwise required to prepare a contingent

closure plan under WAC 173-303-650(6) or 173-303-660(9), must submit

an amended closure plan to the department no later than sixty days

from the date that the owner or operator or department determines that

the dangerous waste management unit must be closed as a landfill, sub-

ject to the requirements of WAC 173-303-665, or no later than thirty

days from that date if the determination is made during partial or fi-

nal closure. The department will approve, disapprove, or modify this

amended plan in accordance with the procedures in WAC 173-303-800

through 173-303-840. The approved closure plan will become a condition

of any permit issued.

(iv) The department may request modifications to the plan under

the conditions described in (b)(ii) of this subsection. The owner or

operator must submit the modified plan within sixty days of the de-

partment's request, or within thirty days if the change in facility

conditions occurs during partial or final closure. Any modifications

requested by the department will be approved in accordance with the

procedures in WAC 173-303-800 through 173-303-840.

(c) Notification of partial closure and final closure.

(i) The owner or operator must notify the department in writing

at least sixty days prior to the date on which they expect to begin

closure of a surface impoundment, waste pile, land treatment, or land-

fill unit, or final closure of a facility with such a unit. The owner

or operator must notify the department in writing at least forty-five

days prior to the date on which they expect to begin closure of a

treatment or storage tank, container storage, or incinerator unit, or

final closure of a facility with only such units.

(ii) The date when he "expects to begin closure" must be either:

(A) No later than thirty days after the date on which any danger-

ous waste management unit receives the known final volume of dangerous

wastes or, if there is a reasonable possibility that the dangerous

waste management unit will receive additional dangerous wastes, no


later than one year after the date on which the unit received the most

recent volume of dangerous waste. If the owner or operator of a dan-

gerous waste management unit can demonstrate to the department that

the dangerous waste management unit or facility has the capacity to

receive additional dangerous wastes and he has taken, and will contin-

ue to take, all steps to prevent threats to human health and the envi-

ronment, including compliance with all applicable permit requirements,

the department may approve an extension to this one-year limit; or

(B) For units meeting the requirements of subsection (4)(d) of

this section, no later than thirty days after the date on which the

dangerous waste management unit receives the known final volume of

nondangerous wastes, or if there is a reasonable possibility that the

dangerous waste management unit will receive additional nondangerous

wastes, no later than one year after the date on which the unit re-

ceived the most recent volume of nondangerous wastes. If the owner or

operator can demonstrate to the department that the dangerous waste

management unit has the capacity to receive additional nondangerous

wastes and he has taken, and will continue to take, all steps to pre-

vent threats to human health and the environment, including compliance

with all applicable permit requirements, the department may approve an

extension to this one-year limit.

(iii) If the facility's permit is terminated, or if the facility

is otherwise ordered, by judicial decree or final order to cease re-

ceiving dangerous wastes or to close, then the requirements of (c) of

this subsection do not apply. However, the owner or operator must

close the facility in accordance with the deadlines established in

subsection (4) of this section.

(iv) Removal of wastes and decontamination or dismantling of

equipment. Nothing in this subsection will preclude the owner or oper-

ator from removing dangerous wastes and decontaminating or dismantling

equipment in accordance with the approved partial or final closure

plan at any time before or after notification of partial or final clo-

sure.

(4) Closure; time allowed for closure.


(a) Within ninety days after receiving the final volume of dan-

gerous wastes, or the final volume of nondangerous wastes if the owner

or operator complies with all applicable requirements in (d) and (e)

of this subsection, at a dangerous waste management unit or facility,

the owner or operator must treat, remove from the unit or facility, or

dispose of on site, all dangerous wastes in accordance with the ap-

proved closure plan. The department may approve a longer period if the

owner or operator complies with all applicable requirements for re-

questing a modification to the permit and demonstrates that he has

taken and will continue to take all steps to prevent threats to human

health and the environment, including compliance with all applicable

permit requirements, and either:

(i) The activities required to comply with this paragraph will,

of necessity, take longer than ninety days to complete; or

(ii)(A) The dangerous waste management unit or facility has the

capacity to receive additional dangerous wastes, or has the capacity

to receive nondangerous wastes if the owner or operator complies with

(d) and (e) of this subsection;

(B) There is a reasonable likelihood that he or another person

will recommence operation of the dangerous waste management unit or

the facility within one year; and

(C) Closure of the dangerous waste management unit or facility

would be incompatible with continued operation of the site.

(b) The owner or operator must complete partial and final closure

activities in accordance with the approved closure plan and within one

hundred eighty days after receiving the final volume of dangerous

wastes, or the final volume of nondangerous wastes if the owner or op-

erator complies with all applicable requirements in (d) and (e) of

this subsection, at the dangerous waste management unit or facility.

The department may approve an extension to the closure period if the

owner or operator complies with all applicable requirements for re-

questing a modification to the permit and demonstrates that he has

taken and will continue to take all steps to prevent threats to human

health and the environment from the unclosed but not operating danger-


ous waste management unit or facility, including compliance with all

applicable permit requirements, and either:

(i) The partial or final closure activities will, of necessity,

take longer than one hundred eighty days to complete; or

(ii)(A) The dangerous waste management unit or facility has the

capacity to receive additional dangerous wastes, or has the capacity

to receive nondangerous wastes if the owner or operator complies with

(d) and (e) of this subsection;

(B) There is reasonable likelihood that he or another person will

recommence operation of the dangerous waste management unit or the fa-

cility within one year; and

(C) Closure of the dangerous waste management unit or facility

would be incompatible with continued operation of the site.

(c) The demonstrations referred to in (a)(i) and (ii) and (b)(i)

and (ii) of this subsection must be made as follows: The demonstra-

tions in (a)(i) and (ii) of this subsection must be made at least

thirty days prior to the expiration of the specified ninety-day peri-

od; and the demonstration in (b)(i) and (ii) of this subsection must

be made at least thirty days prior to the expiration of the specified

one hundred eighty-day period unless the owner or operator is other-

wise subject to the deadlines in (d) of this subsection.

(d) The department may allow an owner or operator to receive only

nondangerous wastes in a landfill, land treatment, or surface impound-

ment unit after the final receipt of dangerous wastes at that unit if:

(i) The owner or operator requests a permit modification in com-

pliance with all applicable requirements in WAC 173-303-830 and 40

C.F.R. Part 124 and in the permit modification request demonstrates

that:

(A) The unit has the existing design capacity as indicated on the

part A application to receive nondangerous wastes; and

(B) There is a reasonable likelihood that the owner or operator

or another person will receive nondangerous wastes in the unit within

one year after the final receipt of dangerous wastes; and


(C) The nondangerous wastes will not be incompatible with any re-

maining wastes in the unit, or with the facility design and operating

requirements of the unit or facility under this part; and

(D) Closure of the dangerous waste management unit would be in-

compatible with continued operation of the unit or facility; and

(E) The owner or operator is operating and will continue to oper-

ate in compliance with all applicable permit requirements; and

(ii) The request to modify the permit includes an amended wastes

analysis plan, groundwater monitoring and response program, human ex-

posure assessment required under RCRA section 3019, and closure and

post-closure plan, and updated cost estimates and demonstrations of

financial assurance for closure and post-closure care as necessary and

appropriate, to reflect any changes due to the presence of dangerous

constituents in the nondangerous wastes, and changes in closure activ-

ities, including the expected year of closure if applicable under sub-

section (3)(a)(viii) of this section, as a result of the receipt of

nondangerous wastes following the final receipt of dangerous wastes;

and

(iii) The request to modify the permit includes revisions, as

necessary and appropriate, to affected conditions of the permit to ac-

count for the receipt of nondangerous wastes following receipt of the

final volume of dangerous wastes; and

(iv) The request to modify the permit and the demonstration re-

ferred to in (d)(i) and (ii) of this subsection are submitted to the

department no later than one hundred twenty days prior to the date on

which the owner or operator of the facility receives the known final

volume of dangerous wastes at the unit, or no later than ninety days

after the effective date of this rule in the state in which the unit

is located, whichever is later.

(e) In addition to the requirements in (d) of this subsection, an

owner or operator of a dangerous wastes surface impoundment that is

not in compliance with the liner and leachate collection system re-

quirements in 42 U.S.C. 3004 (o)(1) and 3005 (j)(1) or 42 U.S.C. 3004

(o)(2) or (3) or 3005 (j)(2), (3), (4) or (13) must:


(i) Submit with the request to modify the permit:

(A) A contingent corrective measures plan, unless a corrective

action plan has already been submitted under WAC 173-303-645(10); and

(B) A plan for removing dangerous wastes in compliance with

(e)(ii) of this subsection; and

(ii) Remove all dangerous wastes from the unit by removing all

dangerous liquids, and removing all dangerous sludges to the extent

practicable without impairing the integrity of the liner(s), if any.

(iii) Removal of dangerous wastes must be completed no later than

ninety days after the final receipt of dangerous wastes. The depart-

ment may approve an extension to this deadline if the owner or opera-

tor demonstrates that the removal of dangerous wastes will, of neces-

sity, take longer than the allotted period to complete and that an ex-

tension will not pose a threat to human health and the environment.

(iv) If a release that is a statistically significant increase

(or decrease in the case of pH) over background values for detection

monitoring parameters of constituents specified in the permit or that

exceeds the facility's groundwater protection standard at the point of

compliance, if applicable, is detected in accordance with the require-

ments in WAC 173-303-645, the owner or operator of the unit:

(A) Must implement corrective measures in accordance with the ap-

proved contingent corrective measures plan required by (e)(i) of this

subsection no later than one year after detection of the release, or

approval of the contingent corrective measures plan, whichever is lat-

er;

(B) May continue to receive wastes at the unit following detec-

tion of the release only if the approved corrective measures plan in-

cludes a demonstration that continued receipt of wastes will not im-

pede corrective action; and

(C) May be required by the department to implement corrective

measures in less than one year or to cease the receipt of wastes until

corrective measures have been implemented if necessary to protect hu-

man health and the environment.


(v) During the period of corrective action, the owner or operator

must provide semiannual reports to the department that describe the

progress of the corrective action program, compile all groundwater

monitoring data, and evaluate the effect of the continued receipt of

nondangerous wastes on the effectiveness of the corrective action.

(vi) The department may require the owner or operator to commence

closure of the unit if the owner or operator fails to implement cor-

rective action measures in accordance with the approved contingent

corrective measures plan within one year as required in (e)(iv) of

this subsection, or fails to make substantial progress in implementing

corrective action and achieving the facility's groundwater protection

standard or background levels if the facility has not yet established

a groundwater protection standard.

(vii) If the owner or operator fails to implement corrective

measures as required in (e)(iv) of this subsection or if the depart-

ment determines that substantial progress has not been made pursuant

to (e)(vi) of this subsection the department will:

(A) Notify the owner or operator in writing that the owner or op-

erator must begin closure in accordance with the deadline in (a) and

(b) of this subsection and provide a detailed statement of reasons for

this determination; and

(B) Provide the owner or operator and the public, through a news-

paper notice, the opportunity to submit written comments on the deci-

sion no later than twenty days after the date of the notice.

(C) If the department receives no written comments, the decision

will become final five days after the close of the comment period. The

department will notify the owner or operator that the decision is fi-

nal, and that a revised closure plan, if necessary, must be submitted

within fifteen days of the final notice and that closure must begin in

accordance with the deadlines in (a) and (b) of this subsection.

(D) If the department receives written comments on the decision,

it will make a final decision within thirty days after the end of the

comment period, and provide the owner or operator in writing and the

public through a newspaper notice, a detailed statement of reasons for


the final decision. If the department determines that substantial pro-

gress has not been made, closure must be initiated in accordance with

the deadlines in (a) and (b) of this subsection.

(E) The final determinations made by the department under

(e)(vii)(C) and (D) of this subsection are not subject to administra-

tive appeal.

(5) Disposal or decontamination of equipment, structures and

soils. During the partial and final closure periods, all contaminated

equipment, structures and soils must be properly disposed of or decon-

taminated unless otherwise specified in WAC 173-303-640(8), 173-303-

650(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), or under the

authority of WAC 173-303-680 (2) and (4). By removing any dangerous

wastes or dangerous constituents during partial and final closure, the

owner or operator may become a generator of dangerous waste and must

handle that waste in accordance with all applicable requirements of

WAC 173-303-170 through 173-303-230.

(6) Certification of closure. Within sixty days of completion of

closure of each dangerous waste management unit (including tank sys-

tems and container storage areas), and within sixty days of the com-

pletion of final closure, the owner or operator must submit to the de-

partment by registered mail or other means that establish proof of re-

ceipt (including applicable electronic means), a certification that

the dangerous waste management unit or facility, as applicable, has

been closed in accordance with the specifications in the approved clo-

sure plan. The certification must be signed by the owner or operator

and by an independent qualified registered professional engineer. Doc-

umentation supporting the independent qualified registered profession-

al engineer's certification must be furnished to the department upon

request until it releases the owner or operator from the financial as-

surance requirements for closure under WAC 173-303-620(4).

(7) Post-closure care and use of property.

(a) Post-closure care for each dangerous waste management unit

subject to post-closure requirements must begin after completion of


closure of the unit and continue for thirty years after that date and

must consist of at least the following:

(i) Groundwater monitoring and reporting as required by WAC 173-

303-645, 173-303-650, 173-303-655, 173-303-660, 173-303-665, and 173-

303-680; and

(ii) Maintenance and monitoring of waste containment systems as

applicable.

(b) Any time preceding partial closure of a dangerous waste man-

agement unit subject to post-closure care requirements or final clo-

sure, or any time during the post-closure period for a particular

unit, the department may, in accordance with the permit modification

procedures in WAC 173-303-800 through 173-303-840:

(i) Shorten the post-closure care period applicable to the dan-

gerous waste management unit, or facility, if all disposal units have

been closed, if it finds that the reduced period is sufficient to pro-

tect human health and the environment (e.g., leachate or groundwater

monitoring results, characteristics of the dangerous waste, applica-

tion of advanced technology, or alternative disposal, treatment, or

reuse techniques indicate that the dangerous waste management unit or

facility is secure); or

(ii) Extend the post-closure care period applicable to the dan-

gerous waste management unit or facility if it finds that the extended

period is necessary to protect human health and the environment (e.g.,

leachate or groundwater monitoring results indicate a potential for

migration of dangerous waste at levels which may be harmful to human

health and the environment).

(c) The department may require, at partial or final closure, con-

tinuation of any of the security requirements of WAC 173-303-310 dur-

ing part or all of the post-closure period when:

(i) Dangerous wastes may remain exposed after completion of par-

tial or final closure; or

(ii) Access by the public or domestic livestock may pose a hazard

to human health.


(d) Post-closure use of property on or in which dangerous wastes

remain after partial or final closure must never be allowed to disturb

the integrity of the final cover, liner(s), or any other components of

any containment system, or the function of the facility's monitoring

systems, unless the department finds that the disturbance:

(i) Is necessary to the proposed use of the property, and will

not increase the potential hazard to human health or the environment;

or

(ii) Is necessary to reduce a threat to human health or the envi-

ronment.

(e) All post-closure care activities must be in accordance with

the provisions of the approved post-closure plan as specified in sub-

section (8) of this section.

(8) Post-closure plan; amendment of plan.

(a) The owner or operator of a dangerous waste disposal unit must

have a written post-closure plan. In addition, certain surface im-

poundments and certain piles from which the owner or operator intends

to remove or decontaminate the dangerous wastes at partial or final

closure are required by WAC 173-303-650 and 173-303-660, respectively,

to have written contingent post-closure plans. Owners or operators of

surface impoundments and waste piles not otherwise required to prepare

contingent post-closure plans under WAC 173-303-650 or 173-303-660

must submit a post-closure plan to the department within ninety days

from the date that the owner or operator or department determines that

the dangerous waste management unit must be closed as a landfill, sub-

ject to the post-closure requirements. The plan must be submitted with

the permit application, in accordance with WAC 173-303-806, and ap-

proved by the department as part of the permit issuance procedures un-

der WAC 173-303-840. The approved post-closure plan will become a con-

dition of any permit issued.

(b) For each dangerous waste management unit subject to the re-

quirements of this subsection, the post-closure plan must identify the

activities which will be carried on after closure and the frequency of

these activities, and include at least:


(i) A description of the planned groundwater monitoring activi-

ties and frequencies at which they will be performed;

(ii) A description of the planned maintenance activities, and

frequencies at which they will be performed to comply with WAC 173-

303-645, 173-303-650, 173-303-655, 173-303-660, 173-303-665, and 173-

303-680 during the post-closure care period, to ensure:

(A) The integrity of the cap and final cover or other containment

structures in accordance with the requirements of 173-303-645, 173-

303-650, 173-303-655, 173-303-660, 173-303-665, and 173-303-680; and

(B) The function of the facility monitoring equipment;

(iii) The name, address, and phone number of the person or office

to contact about the dangerous waste disposal unit or facility during

the post-closure care period;

(iv) And, for facilities where the director has applied alterna-

tive requirements under subsection (1) (e) of this section, WAC 173-

303-645 (1)(fe) or 173-303-620 (18)(d), the post-closure plan must in-

clude either the alternative requirements or a reference to the en-

forceable document that contains the alternative requirements.

(c) Until final closure of the facility, a copy of the approved

post-closure plan must be furnished to the department upon request,

including request by mail. After final closure has been certified, the

person or office specified in (b)(iii) of this subsection must keep

the approved post-closure plan during the remainder of the post-

closure period.

(d) Amendment of plan. The owner or operator must submit a writ-

ten notification of or request for a permit modification to authorize

a change in the approved post-closure plan in accordance with the ap-

plicable requirements of WAC 173-303-800 through 173-303-840. The

written notification or request must include a copy of the amended

post-closure plan for review or approval by the department.

(i) The owner or operator may submit a written notification or

request to the department for a permit modification to amend the post-

closure plan at any time during the active life of the facility or

during the post-closure care period.


(ii) The owner or operator must submit a written notification of

or request for a permit modification to authorize a change in the ap-

proved post-closure plan whenever:

(A) Changes in operating plans or facility design affect the ap-

proved post-closure plan; or

(B) There is a change in the expected year of final closure, if

applicable; or

(C) Events which occur during the active life of the facility,

including partial and final closures, affect the approved post-closure

plan; or

(D) The owner/operator requests the director to apply alternative


(1)(fe), or 173-303-620 (1)(d).

(iii) The owner or operator must submit a written request for a

permit modification at least sixty days prior to the proposed change

in facility design or operation, or no later than sixty days after an

unexpected event has occurred which has affected the post-closure

plan. An owner or operator of a surface impoundment or waste pile that

intends to remove all dangerous waste at closure and is not otherwise

required to submit a contingent post-closure plan under WAC 173-303-

650 or 173-303-660 must submit a post-closure plan to the department

no later than ninety days after the date that the owner or operator or

department determines that the dangerous waste management unit must be

closed as a landfill, subject to the requirements of WAC 173-303-665.

The department will approve, disapprove, or modify this plan in ac-

cordance with the procedures in WAC 173-303-800 through 173-303-840.

The approved post-closure plan will become a permit condition.

(iv) The department may request modifications to the plan under

the conditions described in (d)(ii) of this subsection. The owner or

operator must submit the modified plan no later than sixty days after

the department's request, or no later than ninety days if the unit is

a surface impoundment or waste pile not previously required to prepare

a contingent post-closure plan. Any modifications requested by the de-


partment will be approved, disapproved, or modified in accordance with

the procedures in WAC 173-303-800 through 173-303-840.

(9) Notice to local land authority. No later than the submission

of the certification of closure of each dangerous waste disposal unit,

the owner or operator of a disposal facility must submit to the local

zoning authority or the authority with jurisdiction over local land

use and to the department a survey plat indicating the location and

dimensions of landfill cells or other dangerous waste disposal units

with respect to permanently surveyed benchmarks. This plat must be

prepared and certified by a professional land surveyor. The plat filed

with the local zoning authority or the authority with jurisdiction

over local land use must contain a note, prominently displayed, which

states the owner's or operator's obligation to restrict disturbance of

the dangerous waste disposal unit in accordance with the applicable

requirements of this section. In addition, no later than sixty days

after certification of closure of each dangerous waste disposal unit,

the owner or operator must submit to the local zoning authority or the

authority with jurisdiction over local land use and to the department,

a record of the type, location, and quantity of dangerous wastes dis-

posed of within each cell or other disposal unit of the facility. For

wastes disposed of before November 19, 1980 (March 12, 1982, for fa-

cilities subject to this chapter but not subject to 40 C.F.R. Part

264), the owner or operator must identify the type, location, and

quantity of the dangerous wastes to the best of his knowledge and in

accordance with any records he has kept.

(10) Notice in deed to property.

(a) No later than sixty days after certification of closure of

each dangerous waste disposal unit, the owner or operator must submit

to the local zoning authority, or the authority with jurisdiction over

local land use, and to the department a record of the type, location,

and quantity of dangerous wastes disposed of within each cell or other

disposal unit of the facility. For hazardous wastes (as defined in WAC

173-303-040) disposed of before January 12, 1981, the owner or opera-

tor must identify the type, location, and quantity of the dangerous


wastes to the best of his knowledge and in accordance with any records

he has kept.

(b) Within sixty days of certification of closure of the first

dangerous waste disposal unit and within sixty days of certification

of closure of the last dangerous waste disposal unit, the owner or op-

erator must:

(i) Record, in accordance with state law, a notation on the deed

to the facility property, or on some other instrument which is normal-

ly examined during title search, that will in perpetuity notify any

potential purchaser of the property that:

(A) The land has been used to manage dangerous wastes;

(B) Its use is restricted under this section; and

(C) The survey plat and record of the type, location, and quanti-

ty of dangerous wastes disposed of within each cell or other dangerous

waste disposal unit of the facility required in subsection (9) of this

section have been filed with the local zoning authority, or the au-

thority with jurisdiction over local land use, and with the depart-

ment; and

(ii) Submit a certification, signed by the owner or operator,

that he has recorded the notation specified in (b)(i) of this subsec-

tion, including a copy of the document in which the notation has been

placed, to the department.

(c) If the owner or operator or any subsequent owner of the land

upon which a dangerous waste facility was located wishes to remove

dangerous wastes and dangerous waste residues, the liner, if any, or

contaminated soils, he must request a modification to the post-closure

permit in accordance with the applicable requirements in WAC 173-303-

800 through 173-303-840. The owner or operator must demonstrate that

the removal of dangerous wastes will satisfy the criteria of subsec-

tion (7)(d) of this section. By removing dangerous waste, the owner or

operator may become a generator of dangerous waste and must manage it

in accordance with all applicable requirements of this chapter. If he

is granted a permit modification or otherwise granted approval to con-


duct such removal activities, the owner or operator may request that

the department approve either:

(i) The removal of the notation on the deed to the facility prop-

erty or other instrument normally examined during title search; or

(ii) The addition of a notation to the deed or instrument indi-

cating the removal of the dangerous waste.

(11) Certification of completion of post-closure care. No later

than sixty days after completion of the established post-closure care

period for each dangerous waste disposal unit, the owner or operator

must submit to the department, by registered mail or other means that

establish proof of receipt (including applicable electronic means), a

certification that the post-closure care period for the dangerous

waste disposal unit was performed in accordance with the specifica-

tions in the approved post-closure plan. The certification must be

signed by the owner or operator and an independent qualified regis-

tered professional engineer. Documentation supporting the independent

qualified registered professional engineer's certification must be

furnished to the department upon request until he releases the owner

or operator from the financial assurance requirements for post-closure

care under WAC 173-303-620(6).

(12) Off-site recycling and used oil processor closure plans. The

owner or operator of an off-site recycling facility subject to regula-

tion under WAC 173-303-120 (3), (4), or used oil processor or rerefin-

er subject to WAC 173-303-515(9) must have a written closure plan.

(a) Submittal. For new facilities, the closure plan must be sub-

mitted with the notification required under WAC 173-303-060. For ex-

isting facilities, the closure plan must be submitted within one hun-

dred eighty days of the effective date of this regulation. For closure

plans denied under (b) of this subsection that will be resubmitted,

the amended plan must be resubmitted within ninety days after the own-

er or operator receives the denial.

(b) Review by department. Decision to approve or deny. Closure

plans must be submitted to department for review, comment, approval or

denial. The department decision to approve a closure plan must assure


it is consistent with requirements in subsections (2) and (12) of this

section. The department decision to deny a closure plan must be justi-

fied on the inability or unwillingness of the owner and operator to

meet requirements in subsections (2) and (12) of this section or WAC

173-303-620 (1)(e). The department's decision may be appealed under

the provisions of WAC 173-303-845.

(c) Availability. A copy of the approved closure plan and all up-

dates to the plan must be maintained at the facility and furnished to

the department upon request, including request by mail, until final

closure is completed and certified in accordance with subsection (6)

of this section.

(d) Contents of plan. The closure plan must identify steps neces-

sary to perform final closure of recycling units at any point during

its active life. The closure plan must include at least:

(i) An estimate of the maximum inventory of dangerous wastes or

used oil ever on-site over the active life of the facility;

(ii) Descriptions, schedules, and disposal or decontamination

procedures in subsections (3), (4), (5), (6) of this section, except

any provisions dealing with permits, permit applications, modifica-

tions or approvals. The term "recycling unit" will replace the terms

"dangerous waste management unit" or "regulated unit" in these subsec-

tions. Any references to permits or permit modifications in these sub-

sections do not apply.

(e) Obligation to amend. At least sixty days prior to a major

change at an off-site recycling or used oil processor/rerefining fa-

cility, the owners/operator of that facility must submit an amended

closure plan. A major change may include the addition of a recycling

or recovery process that is subject to WAC 173-303-120 (3) or (4), any

increase in the maximum inventory of dangerous waste or used oil de-

scribed in the previously approved closure plan, the closure of an ex-

isting recycling unit, or a change in ownership or operational con-

trol. The department must approve or deny, with justification, the re-

vised closure plan. Refer to (a) of this subsection when a closure

plan is denied if the closure plan needs to be resubmitted. Alterna-


tively, the owner or operator may challenge the denial pursuant to WAC

173-303-845.

(f) Notification of closure. At least forty-five days prior to

closure, an owner/operator must provide written notice to the depart-

ment of intent to close.

(g) Relationship to closure plans for permitted facilities. A fa-

cility owner/operator that is subject to permitting and closure plan-

ning requirements for storage, treatment or disposal that is also re-

quired to prepare a closure plan for off-site recycling or used oil

processing/rerefining, may satisfy the requirements of this subsection

by combining all closure requirements in a single closure plan.











11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-610, filed 12/8/93,






610, filed 6/26/87; WSR 84-14-031 (Order DE 84-22), § 173-303-610,

filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter 70.105

RCW. WSR 82-05-023 (Order DE 81-33), § 173-303-610, filed 2/10/82.]

WAC 173-303-620 Financial requirements. (1) Applicability.


(a) The requirements of subsections (3), (4), (7), (8), (9), and

(10) of this section, apply to owners and operators of all dangerous

waste facilities, except as provided otherwise in this section.

(b) The requirements of subsections (5) and (6) of this section

apply to owners and operators of:

(i) Dangerous waste disposal facilities;

(ii) Tank systems that are required under WAC 173-303-640(8) to

meet the requirements of landfills;

(iii) Miscellaneous units as specified in WAC 173-303-680(4);

(iv) Waste piles and surface impoundments to the extent that WAC

173-303-650 and 173-303-660, respectively, require that such facili-

ties comply with this section; and

(v) Containment buildings that are required under WAC 173-303-695

to meet the requirements for landfills.

(c) States and the federal government are exempt from the re-

quirements of this section. Operators of state or federally owned fa-

cilities are exempt from the requirements of this section, except sub-

sections (3) and (5) of this section. Operators of facilities who are

under contract with (but not owned by) the state or federal government

must meet all of the requirements of this section.

(d) The director may, in an enforceable document, replace all or

part of the requirements of this section with alternative requirements

for financial assurance when he or she:

(i) Applies alternative requirements for groundwater monitoring,

closure or post-closure under WAC 173-303-610 (1)(e) or 173-303-645

(1)(fe); and

(ii) Determines that it is not necessary to apply the require-

ments of this section because the alternative requirements will pro-

tect human health and the environment.

(e) Except as provided in (c) of this subsection, the require-

ments of subsections (3), (4), (8), (9) and (10) of this section apply

to owners and operators of off-site recycling facilities and proces-

sors/rerefiners of used oil, except the term "recycling unit" will re-

place the terms "dangerous waste management unit" or "regulated unit."


(i) If the closure plan for an off-site recycling or used oil

processing/rerefining facility has not been approved by the department

within one year of submittal to the department, the department may de-

termine the closure cost estimate and direct the facility to establish

financial assurance in that amount. Note that the schedule for par-

tially funded trust funds for existing facilities of WAC 173-303-620

(4)(c)(i) may apply.

(ii) Relationship to closure cost estimates and financial respon-

sibility for permitted facilities. A facility owner/operator that is

subject to closure cost estimating and financial responsibility re-

quirements for dangerous waste management units and recycling unit may

choose to consolidate those requirements into a single mechanism for

submittal to the department.

(2) Definitions. As used in this section, the following listed or

referenced terms have the meanings given below:

(a) "Closure plan" means the plan for closure prepared in accord-

ance with the requirements of WAC 173-303-610(3), or for off-site re-

cycling or used oil processing facilities prepared in accordance with

WAC 173-303-610(12);

(b) "Current closure cost estimate" means the most recent of the

estimates prepared in accordance with subsection (3) of this section;

(c) "Current post-closure cost estimate" means the most recent of

the estimates prepared in accordance with subsection (5) of this sec-

tion;

(d) "Parent corporation" means a corporation which directly owns

at least fifty percent of the voting stock of the corporation which is

the facility owner or operator; the latter corporation is deemed a

"subsidiary" of the parent corporation;

(e) "Post-closure plan" means the plan for post-closure care pre-

pared in accordance with the requirements of WAC 173-303-610 (7), (8),

(9), and (10);

(f) "Regional administrator" means the department;

(g) "Hazardous waste" means dangerous waste; and


(h) The additional terms listed and defined in 40 C.F.R. 264.141

(f), (g), and (h) are incorporated by reference.

(3) Cost estimate for facility closure.

(a) The owner or operator must have a detailed written estimate,

in current dollars, of the cost of closing the facility in accordance

with the requirements in WAC 173-303-610 (2) through (6), and applica-

ble closure requirements in WAC 173-303-630(10), 173-303-640(5), 173-

303-650(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), 173-303-

670(8), 173-303-680 (2) through (4) and 173-303-695. The closure cost

estimate:

(i) Must equal the cost of closure at the point in the facility's

operating life when the extent and manner of its operation would make

closure the most expensive, as indicated by its closure plan (see WAC

173-303-610 (3)(a));

(ii) Must be based on the costs to the owner or operator of hir-

ing a third party to close the facility. A third party is a party who

is neither a parent nor a subsidiary of the owner or operator. On a

case-by-case basis, the department may determine that a party that

shares common ownership, a common parent corporation, or other higher-

tier corporate ownership, may not qualify as a third party. (See defi-

nition of parent corporation in subsection (2)(d) of this section.)

The owner or operator may use costs for on-site disposal if the guar-

antor can demonstrate that on-site disposal capacity will exist at all

times over the life of the facility;

(iii) May not incorporate any salvage value that may be realized

with the sale of dangerous wastes, or nondangerous wastes if applica-

ble under WAC 173-303-610 (4)(d), facility structures or equipment,

land, or other assets associated with the facility at the time of par-

tial or final closure;

Except that, off-site recyclers subject to WAC 173-303-120 (3) or

(4), or off-site used oil processors subject to WAC 173-303-515(9) may

exclude the estimated value for certain types of recyclable materials

from the estimated cost of closing a recycling unit. This exclusion

may include dangerous wastes or used oil held in tanks or containers


that are dedicated solely to the management of recyclable materials

that will require only incidental processing prior to producing a

product that may be sold to the general public. Incidental processing

may include simple screening or filtering to remove minor amounts of

foreign material or removal of less than five percent water by volume;

(iv) May not incorporate a zero cost for dangerous wastes, or

nondangerous wastes if applicable under WAC 173-303-610 (4)(d), that

might have economic value; and

(v) May not be reduced for "net present value," "present dis-

counted value," or other adjustments.

(b) During the active life of the facility, the owner or operator

must revise the closure cost estimate no later than thirty days after

the department has approved the request to modify the closure plan, if

the change in the closure plan increases the cost of closure. The re-

vised closure cost estimate must be adjusted for inflation as speci-

fied in (c)(i) and (ii) of this subsection.

(c) During the active life of the facility, the owner or operator

must adjust the closure cost estimate for inflation within sixty days

prior to the anniversary date of the establishment of the financial

instrument(s) used to comply with this section. For owners and opera-

tors using the financial test or corporate guarantee, the closure cost

estimate must be updated for inflation within thirty days after the

close of the firm's fiscal year and before submission of updated in-

formation to the department as specified in subsection (4) of this

section. The adjustment may be made by recalculating the maximum costs

of closure in current dollars, or by using an inflation factor derived

from the most recent Implicit Price Deflator for Gross National Prod-

uct or Gross Domestic Product as published by the United States De-

partment of Commerce in its survey of current business. The inflation

factor is the result of dividing the latest published annual deflator

by the deflator for the previous year.

(i) The first adjustment is made by multiplying the closure cost

estimate by the inflation factor. The result is the adjusted closure

cost estimate.


(ii) Subsequent adjustments are made by multiplying the latest

adjusted closure cost estimate by the latest inflation factor.

(d) During the operating life of the facility, the owner or oper-

ator must keep at the facility the latest closure cost estimate pre-

pared in accordance with (a) and (b) of this subsection, and, when

this estimate has been adjusted in accordance with (c) of this subsec-

tion, the latest adjusted closure cost estimate.

(4) Financial assurance for facility closure.

(a) An owner or operator of a TSD, or off-site recycling or used

oil processing/rerefining facility must establish financial assurance

for closure of the facility. The owner or operator must choose from

the following options or combination of options:

(i) Closure trust fund;

(ii) Surety bond guaranteeing payment into a closure trust fund;

(iii) Surety bond guaranteeing performance of closure;

(iv) Closure letter of credit;

(v) Closure insurance; or

(vi) Financial test and/or corporate guarantee for closure.

(b) In satisfying the requirements of financial assurance for fa-

cility closure in this subsection, the owner or operator must meet all

the requirements for the mechanisms listed above as set forth in 40

C.F.R. 264.143 which are incorporated by reference. If the facilities

covered by the mechanism are in more than one state, identical evi-

dence of financial assurance must be submitted to and maintained with

the state agency regulating hazardous waste or with the appropriate

regional administrator if the facility is located in an unauthorized

state.

(c) An owner or operator of an off-site recycling or used oil

processing/rerefining facility may also meet the requirements of this

subsection through the use of an assigned security deposit held in a

Washington state bank. This mechanism is not available to an owner or

operator of a TSD.

(i) The department will establish minimum standards for the as-

signed security deposit mechanism. These standards will include, but


are not limited to, the language to be used in the assignment form.

Copies of the assignment forms will be available from the department.

(ii) The department is not required to accept an assigned securi-

ty deposit that does not meet the established minimum standards.

(d) 40 C.F.R. 264.143 is modified by the following requirements:

(i) Partially funded trust funds of 264.143 (a)(3) may not be ac-

cepted as a mechanism for a closure trust fund for TSDs. Owners and

operators of existing used oil and recycling units that become subject

to this section may establish a partially funded closure trust fund

with a pay-in period of five years. The fund must be fully funded no

later than five years (and the first, second, third, fourth, and fifth

payments due no later than one, two, three, four, and five year(s) re-

spectively) after the date of the department's approval of the closure

plan under WAC 173-303-610 (12)(b);

(ii) Insurance companies providing closure coverage must have a

current rating of financial strength of:

(A) AAA, AA+, AA, AA-, A+, A as rated by Standard and Poor's;

(B) Aaa, Aa1, Aa2, Aa3, A1, A2 as rated by Moody's; or

(C) A++, A+, A, A-, B++, B+ as rated by A.M. Best;

(iii) Ecology must be named as secondary beneficiary on an insur-

ance policy;

(iv) Facility owners/operators and corporate guarantors request-

ing the use of the financial test or corporate guarantee must meet a

minimum tangible net worth criterion of twenty-five million dollars;

(v) Facility owners/operators and corporate guarantors requesting

the use of the financial test or corporate guarantee are not required

to submit a "negative assurance" report, such as the one detailed in

40 C.F.R. 264.143 (f)(3)(iii). A financial test or corporate guarantee

submission must instead include a CPA report based on an "Agreed Upon

Procedures" engagement that complies with the American Institute of

Certified Public Accountants' "Statement on Auditing Standards No. 75,

Engagements to apply Agreed-Upon Procedures to Specific Elements, Ac-

counts or Items of a Financial Statement" or any subsequent equivalent

document from AICPA. This report must describe the procedures per-


formed and related findings, including whether or not there were dis-

crepancies found in the comparison.

(e) Owners and operators of off-site recycling facilities regu-

lated under WAC 173-303-120 (3) or (4), or used oil pro-

cessing/rerefining facilities regulated under WAC 173-303-515(9), must

demonstrate financial assurance for closure of the facility or recy-

cling units. In addition to the requirements of 40 C.F.R. 264.143, as

amended by this subsection, the financial assurance must meet the fol-

lowing requirements:

(i) For existing facilities choosing a surety bond guaranteeing

payment, surety bond guaranteeing performance, letter of credit, in-

surance, financial test, corporate guarantee, or assigned security de-

posit, the mechanism must be established within thirty-six months of

the effective date of this section;

(ii) Owners and operators of existing facilities choosing a par-

tially funded trust fund mechanism must establish a fully funded trust

fund within sixty months of approval of the closure plan by the de-

partment (see (c)(i) of this subsection);

(iii) For new facilities, financial assurance must be established

and submitted to the department at least sixty days prior to the ac-

ceptance of the first shipment of wastes.

(f) Owners and operators of off-site recycling facilities regu-

lated under WAC 173-303-120 (3) or (4), or used oil pro-

cessing/rerefining facilities regulated under WAC 173-303-515(9) may

request an alternative mechanism for financing the closure of recy-

cling units that is determined by the department to be equivalent to

one of the methods listed in (a) of this subsection. This may include

any alternative mechanism as may be established through action by the

Washington state legislature. An assigned security deposit that meets

the department's standards is an equivalent alternative mechanism

within the meaning of this section.

(g) The amount of financial assurance for closure must not be

less than the facility's current closure cost estimate. Financial as-


surance amounts, regardless of mechanism, may not be reduced for "net

present value," "present discounted value," or other adjustments.

(5) Cost estimate for post-closure monitoring and maintenance.

(a) The owner or operator of a facility subject to post-closure

monitoring or maintenance requirements must have a detailed written

estimate, in current dollars, of the annual cost of post-closure moni-

toring and maintenance of the facility in accordance with the applica-

ble post-closure regulations in WAC 173-303-610 (7) through (10), 173-

303-650(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), and 173-

303-680(4). The post-closure cost estimate must be based on the costs

to the owner or operator of hiring a third party to conduct post-

closure care activities. A third party is a party who is neither a

parent nor a subsidiary of the owner or operator. On a case-by-case

basis, the department may determine that a party that shares common

ownership, a common parent corporation, or other higher-tier corporate

ownership may not qualify as a third party. (See definition of parent

corporation in subsection (2)(d) of this section.) The post-closure

cost estimate is calculated by multiplying the annual post-closure

cost estimate by the number of years of post-closure care required by

WAC 173-303-610.

(b) During the active life of the facility, the owner or operator

must revise the post-closure cost estimate within thirty days after

the department has approved the request to modify the post-closure

plan, if the change in the post-closure plan increases the cost of

post-closure care. The revised post-closure cost estimate must be ad-

justed for inflation as specified in (c)(i) and (ii) of this subsec-

tion.

(c) During the active life of the facility, the owner or operator

must adjust the post-closure cost estimate for inflation within sixty

days prior to the anniversary date of the establishment of the finan-

cial instrument(s) used to comply with subsection (6) of this section.

For owners or operators using the financial test or corporate guaran-

tee, the post-closure cost estimate must be updated for inflation

within thirty days after the close of the firm's fiscal year and be-


fore the submission of updated information to the department as speci-

fied in subsection (6) of this section. The adjustment may be made by

recalculating the post-closure cost estimate in current dollars or by

using an inflation factor derived from the most recent Implicit Price

Deflator for Gross National Product or Gross Domestic Product as pub-

lished by the United States Department of Commerce in its Survey of

Current Business. The inflation factor is the result of dividing the

latest published annual deflator by the deflator for the previous

year.

(i) The first adjustment is made by multiplying the post-closure

cost estimate by the inflation factor. The result is the adjusted

post-closure cost estimate.

(ii) Subsequent adjustments are made by multiplying the latest

adjusted post-closure cost estimate by the latest inflation factor.

(d) During the operating life of the facility, the owner or oper-

ator must keep at the facility the latest post-closure cost estimate

prepared in accordance with (a) and (b) of this subsection, and, when

this estimate has been adjusted in accordance with (c) of this subsec-

tion, the latest adjusted post-closure cost estimate.

(6) Financial assurance for post-closure monitoring and mainte-

nance.

(a) An owner or operator of a facility subject to post-closure

monitoring or maintenance requirements must establish financial assur-

ance for post-closure care in accordance with the approved post-

closure care plan. The owner or operator must choose from the follow-

ing options or combination of options:

(i) Post-closure trust fund, except that the use of partially

funded trust funds, as provided in 40 C.F.R. 264.145(a), will not be

allowed by the department;

(ii) Surety bond guaranteeing payment into a post-closure trust

fund;

(iii) Surety bond guaranteeing performance of post-closure care;

(iv) Post-closure letter of credit;


(v) Post-closure insurance; however, financial or insurance in-

stitutions providing such insurance must have a current rating of fi-

nancial strength of:



(C) A++, A+, A, A-, B++, B+ as rated by A.M. Best; or

(vi) Financial test and/or corporate guarantee for post-closure

care, except that the criterion for minimum tangible net worth in 40

C.F.R. 264.145(f) must be in an amount of at least twenty-five million

dollars;

(vii) Facility owners/operators and corporate guarantors request-

ing the use of the financial test or corporate guarantee are not re-

quired to submit a "negative assurance" report, such as the one de-

tailed in 40 C.F.R. 264.145 (f)(3)(iii). A financial test or corporate

guarantee submission must instead include a CPA report based on an

"Agreed Upon Procedures" engagement that complies with the American

Institute of Certified Public Accountants' "Statement on Auditing

Standards No. 75, Engagements to apply Agreed-Upon Procedures to Spe-

cific Elements, Accounts or Items of a Financial Statement" or any

subsequent equivalent document from AICPA. This report must describe

the procedures performed and related findings, including whether or

not there were discrepancies found in the comparison.

(b) In satisfying the requirements of financial assurance for fa-

cility post-closure care in this subsection, the owner or operator

must meet all the requirements set forth in 40 C.F.R. 264.145 which

are incorporated by reference. If the facilities covered by the mecha-

nism are in more than one state, identical evidence of financial as-

surance must be submitted to and maintained with the state agency reg-

ulating hazardous waste or with the appropriate regional administrator

if the facility is located in an unauthorized state.

(c) The amount of financial assurance for post-closure must not

be less than the facility's current post-closure cost estimate. Finan-

cial assurance amounts, regardless of mechanism, may not be reduced


for "net present value," "present discounted value," or other adjust-

ments.

(7) Use of a mechanism for financial assurance of both closure

and post-closure care. An owner or operator may satisfy the require-

ments for financial assurance for both closure and post-closure care

for one or more facilities by using a trust fund, surety bond, letter

of credit, insurance, financial test, or corporate guarantee that

meets the specifications for the mechanism in both 40 C.F.R. 264.143

and 264.145 which are incorporated by reference. The amount of funds

available through the mechanism must be no less than the sum of funds

that would be available if a separate mechanism had been established

and maintained for financial assurance of closure and of post-closure

care.

(8) Liability requirements.

(a) An owner or operator of a TSD facility, off-site recycling or

used oil processing/rerefining facility, or a group of such facilities

must demonstrate financial responsibility for bodily injury and prop-

erty damages to third parties caused by sudden accidental occurrences

arising from operations of the facility or group of facilities. The

owner or operator must meet the requirements of 40 C.F.R. 264.147(a),

which is incorporated by reference, with the following additional re-

quirements:

(i) The owner or operator must have and maintain liability cover-

age for sudden accidental occurrences in the amount of at least two

million dollars per occurrence with an annual aggregate of at least

four million dollars, exclusive of legal defense costs. For facilities

that meet the criteria listed in 40 C.F.R. 264.147(b), the owner or

operator must have and maintain liability coverage for nonsudden acci-

dental occurrences in the amount of five million dollars per occur-

rence with an annual aggregate of ten million dollars, exclusive of

legal defense costs.

(ii) Insurance companies providing liability coverage must have a

current rating of financial strength of:




(C) A++, A+, A, A-, B++, B+ as rated by A.M. Best;

(iii) The department may file claims against liability insurance

when contamination occurs as a result of releases or discharges of

dangerous wastes or used oil from recycling units subject to regula-

tion under this section to waters of the state as defined under chap-

ter 90.48 RCW;

(iv) Facility owners/operators and corporate guarantors request-

ing the use of the financial test and corporate guarantee must meet a

minimum tangible net worth criterion of twenty-five million dollars.

(b) An owner or operator of a facility with a regulated unit or

units (as defined in WAC 173-303-040) or a disposal miscellaneous unit

or units used to manage dangerous waste or a group of such facilities

must demonstrate financial responsibility for bodily injury and prop-

erty damage to third parties caused by nonsudden accidental occurrenc-

es arising from operations of the facility or group of facilities. The

owner or operator must meet the requirements of 40 C.F.R. 264.147(b),

264.147 (f), (g), (h), (i), and (j) which are incorporated by refer-

ence.

(c) Request for variance. If an owner or operator can demonstrate

to the satisfaction of the department that the levels of financial re-

sponsibility required by (a) or (b) of this subsection are not con-

sistent with the degree and duration of risk associated with treat-

ment, storage, or disposal at the facility or group of facilities, the

owner or operator may obtain a variance from the department. The re-

quest for a variance must be submitted to the department as part of

the application under WAC 173-303-806(4) for a facility that does not

have a permit, or pursuant to the procedures for permit modification

under WAC 173-303-830 for a facility that has a permit. If granted,

the variance will take the form of an adjusted level of required lia-

bility coverage, such level to be based on the department's assessment

of the degree and duration of risk associated with the ownership or

operation of the facility or group of facilities. The department may

require an owner or operator who requests a variance to provide such


technical and engineering information as is deemed necessary by the

department to determine a level of financial responsibility other than

that required by (a) or (b) of this subsection. Any request for a var-

iance for a permitted facility will be treated as a request for a per-

mit modification under WAC 173-303-830.

(d) Adjustments by the department. If the department determines

that the levels of financial responsibility required by (a) or (b) of

this subsection are not consistent with the degree and duration of

risk associated with treatment, storage, or disposal at the facility

or group of facilities, the department may adjust the level of finan-

cial responsibility required under (a) or (b) of this subsection as

may be necessary to protect human health and the environment. This ad-

justed level will be based on the department's assessment of the de-

gree and duration of risk associated with the ownership or operation

of the facility or group of facilities. In addition, if the department

determines that there is a significant risk to human health and the

environment from nonsudden accidental occurrences resulting from the

operations of a facility that has no regulated units (as defined in

WAC 173-303-040), it may require that the owner or operator of the fa-

cility comply with (b) of this subsection. An owner or operator must

furnish to the department within a reasonable time, any information

which the department requests to determine whether cause exists for

such adjustments of level or type of coverage. Any adjustments of lev-

el or type of coverage for a facility that has a permit will be treat-

ed as a permit modification under WAC 173-303-830.

(e) Period of coverage. An owner or operator must continuously

provide liability coverage for a facility as required by this subsec-

tion until certifications of closure of the facility, as specified in

WAC 173-303-610(6), are received by the department.

(f) The following subsections are incorporated by reference: 40

C.F.R. section 264.147(f), Financial test for liability coverage, (g)

Guarantee for liability coverage, (h) Letter of credit for liability

coverage, (i) Surety bond for liability coverage, and (j) Trust fund

for liability coverage.


(9) Incapacity of owners or operators, guarantor or financial in-

stitutions.

(a) An owner or operator must notify the department by certified

mail of the commencement of a voluntary or involuntary proceeding un-

der Title 11 (Bankruptcy), United States Code, naming the owner or op-

erator as debtor, within ten days after commencement of the proceed-

ing. A guarantor of a corporate guarantee as specified in 40 C.F.R.

264.143(f) and 264.145(f) must make such a notification if the guaran-

tor is named as debtor, as required under the terms of the corporate

guarantee (40 C.F.R. 264.151(h)).

(b) An owner or operator who fulfills the requirements of 40

C.F.R. 264.143, 264.145, or 264.147 (a) or (b) by obtaining a trust

fund, surety bond, letter of credit, or insurance policy will be

deemed to be without the required financial assurance or liability

coverage in the event of bankruptcy of the trustee or issuing institu-

tion, or a suspension or revocation of the authority of the trustee

institution to act as trustee or of the institution issuing the surety

bond, letter of credit, or insurance policy to issue such instruments.

The owner or operator must establish other financial assurance or lia-

bility coverage within sixty days after such an event.

(10) Wording of the instruments. The financial instruments re-

quired by this section must contain the wording specified by 40 C.F.R.

264.151 which is incorporated by reference, except that:

(a) The words "regional administrator" and "environmental protec-

tion agency" must be replaced with the words Washington state depart-

ment of ecology;

(b) The words "hazardous waste" must be replaced with the words

"dangerous waste";

(c) Any other words specified by the department must be changed

as necessary to assure financial responsibility of the facility in ac-

cordance with the requirements of this section; and

(d) Whenever 40 C.F.R. 264.151 requires that owners and operators

notify several regional administrators of their financial obligations,

the owner or operator must notify both the department and all regional


administrators of regions that are affected by the owner or operator's

financial assurance mechanisms.

Copies of the financial instruments with the appropriate word

changes will be available from the department by June 30, 1984.

(11) Financial assurance requirements for corrective action sites

are detailed in WAC 173-303-64620(5).














11/19/95. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40

C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Or-

der 90-42), § 173-303-620, filed 3/7/91, effective 4/7/91. Statutory

Authority: Chapter 70.105 RCW. WSR 89-02-059 (Order 88-24), § 173-303-

620, filed 1/4/89; WSR 87-14-029 (Order DE-87-4), § 173-303-620, filed

6/26/87; WSR 84-09-088 (Order DE 83-36), § 173-303-620, filed 4/18/84.

Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. WSR 82-05-

023 (Order DE 81-33), § 173-303-620, filed 2/10/82. Formerly WAC 173-

302-340.]

WAC 173-303-630 Use and management of containers. (1) Applicabil-

ity. The regulations in this section apply to owners and operators of

all dangerous waste facilities that store containers of dangerous

waste.


(2) Condition of containers. If a container holding dangerous

waste is not in good condition (e.g., severe rusting, apparent struc-

tural defects) or if it begins to leak, the owner or operator must

transfer the dangerous waste from the container to a container that is

in good condition or manage the waste in some other way that complies

with the requirements of chapter 173-303 WAC. In addition, the owner

or operator must address leaks and spills in accordance with the ap-

plicable provisions of WAC 173-303-145 and 173-303-360.

(3) Identification of containers. The owner or operator must la-

bel containers in a manner which adequately identifies the major

risk(s) associated with the contents of the containers for employees,

emergency response personnel and the public (note: If there is already

a system in use that performs this function in accordance with local,

state or federal regulations, then such system will be adequate). The

owner or operator must affix labels upon transfer of dangerous wastes

from one container to another. The owner or operator must destroy or

otherwise remove labels from the emptied container, unless the con-

tainer will continue to be used for storing dangerous waste at the fa-

cility. The owner or operator must ensure that labels are not ob-

scured, removed, or otherwise unreadable in the course of inspection

required under WAC 173-303-320.

(4) Compatibility of waste with containers. The owner or operator

must use a container made of or lined with materials which will not

react with, and are otherwise compatible with, the dangerous waste to

be stored, so that the ability of the container to contain the waste

is not impaired.

(5) Management of containers.

(a) A container holding dangerous waste must always be closed,

except when it is necessary to add or remove waste.

(b) A container holding dangerous waste must not be opened, han-

dled, or stored in a manner which may rupture the container or cause

it to leak.


(c) A minimum thirty-inch separation is required between aisles

of containers holding dangerous waste(s). A row of drums must be no

more than two drums wide.

(6) Inspections. At least weekly, the owner or operator must in-

spect areas where containers are stored, looking for leaking contain-

ers and for deterioration of containers and the containment system

caused by corrosion, deterioration, or other factors. The owner or op-

erator must keep an written or electronic inspection log including at

least the date and time of the inspection, the printed name and the

handwritten or electronic signature of the inspector, a notation of

the observations made and the date and nature of any repairs or reme-

dial actions taken. The log must be kept at the facility for at least

five years from the date of inspection.

(7) Containment.

(a) Container storage areas must have a containment system that

is capable of collecting and holding spills and leaks. In addition to

the necessary leak containment capacity, uncovered storage areas must

be capable of holding the additional volume that would result from the

precipitation of a maximum twenty-five year storm of twenty-four hours

duration. The containment system must:

(i) Have a base underlying the containers which is free of cracks

or gaps and is sufficiently impervious to contain leaks, spills, and

accumulated rainfall until the collected material is detected and re-

moved. The base must be sloped or the containment system must be oth-

erwise designed and operated to drain and remove liquids resulting

from leaks, spills, or precipitation, unless the containers are ele-

vated or are otherwise protected from contact with accumulated liq-

uids;

(ii) Be designed for positive drainage control (such as a locked

drainage valve) to prevent release of contaminated liquids and so that

uncontaminated precipitation can be drained promptly for convenience

of operation. Spilled or leaked waste and accumulated precipitation

must be removed from the containment system in as timely a manner as

is necessary to prevent overflow; and


(iii) Have sufficient capacity to contain ten percent of the vol-

ume of all containers or the volume of the largest container, whichev-

er is greater. Only containers holding free liquids, or holding wastes

designated as F020, F021, F022, F023, F026, or F027 need to be consid-

ered in this determination.

(b) Run-on into the containment system must be prevented, unless

the department waives this requirement in the permit after determining

that the collection system has sufficient excess capacity in addition

to that required in (a)(iii) of this subsection to accommodate any

run-on which might enter the system.

(c) Storage areas that store containers holding only wastes that

do not contain free liquids, do not exhibit either the characteristic

of ignitability or reactivity as described in WAC 173-303-090 (5) or

(7), and are not designated as F020, F021, F022, F023, F026, or F027,

need not have a containment system as described in this subsection:

Provided, That:

(i) The storage area is sloped or is otherwise designed and oper-

ated to drain and remove liquid resulting from precipitation; or

(ii) The containers are elevated or are otherwise protected from

contact with accumulated liquids.

(d) The department may require owners and operators to protect

their containers from the elements by means of a building or other

protective covering if the department determines that such protection

is necessary to prevent a release of waste or waste constituents due

to the nature of the waste or design of the container. The building or

other protective covering must allow adequate inspection under subsec-

tion (6) of this section.

(8) Special requirements for ignitable or reactive waste.

(a) Containers holding reactive waste exhibiting a characteristic

specified in WAC 173-303-090 (7)(a)(vi), (vii) or (viii) must be

stored in a manner equivalent to the International Fire Code's "Ameri-

can Table of Distances for Storage of Explosives" Table 3304.5.2(2) or

"Table of Separation Distances for Low Explosives" Table 3304.5.2(3),

2003 edition, or the version adopted by the local fire district.


(b) The owner or operator must design, operate, and maintain ig-

nitable waste and reactive waste (other than a reactive waste which

must meet (a) of this subsection) container storage in a manner equiv-

alent with the International Fire Code. Where no specific standard or

requirements are specified in the International Fire Code, or in ex-

isting state or local fire codes, applicable sections of the NFPA Pam-

phlet #30, "Flammable and Combustible Liquids Code," must be used. The

owner/operator must also comply with the requirements of WAC 173-303-

395 (1)(d).

(9) Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and materials

must not be placed in the same container, unless WAC 173-303-395

(1)(b) is complied with.

(b) Dangerous waste must not be placed in an unwashed container

that previously held an incompatible waste or material.

(c) A storage container holding a dangerous waste that is incom-

patible with any waste or other materials stored nearby in other con-

tainers, piles, open tanks, or surface impoundments must be separated

from the other materials or protected from them by means of a dike,

berm, wall, or other device. Containment systems for incompatible

wastes must be separate.

(10) Closure. At closure, all dangerous waste and dangerous waste

residues must be removed from the containment system. Remaining con-

tainers, liners, bases, and soil containing or contaminated with dan-

gerous waste or dangerous waste residues must be decontaminated or re-

moved.

(11) Air emission standards. The owner or operator must manage

all hazardous waste placed in a container in accordance with the ap-

plicable requirements of 40 C.F.R. Subparts AA, BB, and CC, which are

incorporated by reference at WAC 173-303-690 through 173-303-692.









11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-630, filed 12/8/93,




Statutory Authority: Chapter 70.105 RCW. WSR 86-12-057 (Order DE-85-

10), § 173-303-630, filed 6/3/86; WSR 84-09-088 (Order DE 83-36), §

173-303-630, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW

and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-630,

filed 2/10/82.]

WAC 173-303-640 Tank systems. (1) Applicability.

(a) The regulations in WAC 173-303-640 apply to owners and opera-

tors of facilities that use tank systems to treat or store dangerous

waste, except as (b), (c), and (d) of this subsection provides other-

wise.

(b) Tank systems that are used to store or treat dangerous waste

which contain no free liquids and are situated inside a building with

an impermeable floor are exempted from the requirements in subsection

(4) of this section. To demonstrate the absence or presence of free

liquids in the stored/treated waste, the Paint Filter Liquids Test

Method 9095B described in "Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods" EPA Publication SW-846 as incorporated by

reference at WAC 173-303-110 (3)(a) must be used.

(c) Tank systems, including sumps, as defined in WAC 173-303-040,

that serve as part of a secondary containment system to collect or

contain releases of dangerous wastes are exempted from the require-

ments in subsection (4)(a) of this section.

(d) Tanks, sumps, and other such collection devices or systems

used in conjunction with drip pads, as defined in WAC 173-303-040 and

regulated under WAC 173-303-675, must meet the requirements of this

section.


(2) Assessment of existing tank system's integrity.

(a) For each existing tank system, the owner or operator must de-

termine that the tank system is not leaking or is unfit for use. Ex-

cept as provided in (b) of this subsection, the owner or operator must

obtain and keep on file at the facility a written assessment reviewed

and certified by an independent, qualified registered professional en-

gineer, in accordance with WAC 173-303-810 (13)(a), that attests to

the tank system's integrity by January 12, 1988, for underground tanks

that do not meet the requirements of subsection (4) of this section

and that cannot be entered for inspection, or by January 12, 1990, for

all other tank systems.

(b) Tank systems that store or treat materials that become dan-

gerous wastes subsequent to January 12, 1989, must conduct this as-

sessment within twelve months after the date that the waste becomes a

dangerous waste.

(c) This assessment must determine that the tank system is ade-

quately designed and has sufficient structural strength and compati-

bility with the waste(s) to be stored or treated, to ensure that it

will not collapse, rupture, or fail. At a minimum, this assessment

must consider the following:

(i) Design standard(s), if available, according to which the tank

system was constructed;

(ii) Dangerous characteristics of the waste(s) that have been and

will be handled;

(iii) Existing corrosion protection measures;

(iv) Documented age of the tank system, if available (otherwise,

an estimate of the age); and

(v) Results of a leak test, internal inspection, or other tank

system integrity examination such that:

(A) For nonenterable underground tanks, the assessment must in-

clude a leak test that is capable of taking into account the effects

of temperature variations, tank end deflection, vapor pockets, and

high water table effects; and


(B) For other than nonenterable underground tanks and for ancil-

lary equipment, this assessment must include either a leak test, as

described above, or other integrity examination, that is certified by

an independent, qualified, registered professional engineer, in ac-

cordance with WAC 173-303-810 (13)(a), that addresses cracks, leaks,

corrosion, and erosion.

Note: Three publications may be used, where applicable, as guidelines in conducting other than a leak test: Tank Inspection, Repair, Alteration, and

Reconstruction, API Standard 653, Fourth Edition, April 2009; Guidance for Assessing and Certifying Tank Systems that Store and Treat

Dangerous Waste, Ecology Publication No. 94-114; and Steel Tank Institute publication #SP001-05 Standard for the Inspection of

Aboveground Storage Tanks 5th Edition, revised September 2011.

(d) If, as a result of the assessment conducted in accordance

with (a) of this subsection, a tank system is found to be leaking or

unfit for use, the owner or operator must comply with the requirements

of subsection (7) of this section.

(e) The owner or operator must develop a schedule for conducting

integrity assessments over the life of the tank to ensure that the

tank retains its structural integrity and will not collapse, rupture,

or fail. The schedule must be based on the results of past integrity

assessments, age of the tank system, materials of construction, char-

acteristics of the waste, and any other relevant factors.

(3) Design and installation of new tank systems or components.

(a) Owners or operators of new tank systems or components must

obtain (and for facilities that are pursuing or have obtained a final

status permit, submit to the department, at time of submittal of Part

B information) a written assessment, reviewed and certified by an in-

dependent, qualified registered professional engineer, in accordance

with WAC 173-303-810 (13)(a), attesting that the tank system has suf-

ficient structural integrity and is acceptable for the storing and

treating of dangerous waste. The assessment must show that the founda-

tion, structural support, seams, connections, and pressure controls

(if applicable) are adequately designed and that the tank system has

sufficient structural strength, compatibility with the waste(s) to be

stored or treated, and corrosion protection to ensure that it will not

collapse, rupture, or fail. This assessment (which will be used by the

department to review and approve or disapprove the acceptability of


the tank system design at facilities which are pursuing or have ob-

tained a final status permit) must include, at a minimum, the follow-

ing information:

(i) Design standard(s) according to which tank system(s) are con-

structed;

(ii) Dangerous characteristics of the waste(s) to be handled;

(iii) For new tank systems or components in which the external

shell of a metal tank or any external metal component of the tank sys-

tem will be in contact with the soil or with water, a determination by

a corrosion expert of:

(A) Factors affecting the potential for corrosion, including but

not limited to:

(I) Soil moisture content;

(II) Soil pH;

(III) Soil sulfides level;

(IV) Soil resistivity;

(V) Structure to soil potential;

(VI) Influence of nearby underground metal structures (e.g., pip-

ing);

(VII) Existence of stray electric current;

(VIII) Existing corrosion-protection measures (e.g., coating, ca-

thodic protection); and

(B) The type and degree of external corrosion protection that are

needed to ensure the integrity of the tank system during the use of

the tank system or component, consisting of one or more of the follow-

ing:

(I) Corrosion-resistant materials of construction such as special

alloys, fiberglass reinforced plastic, etc.;

(II) Corrosion-resistant coating (such as epoxy, fiberglass,

etc.,) with cathodic protection (e.g., impressed current or sacrifi-

cial anodes); and

(III) Electrical isolation devices such as insulating joints,

flanges, etc.


Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85)—Control

of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute

(API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable,

as guidelines in providing corrosion protection for tank systems.

(iv) For underground tank system components that are likely to be

adversely affected by vehicular traffic, a determination of design or

operational measures that will protect the tank system against poten-

tial damage; and

(v) Design considerations to ensure that:

(A) Tank foundations will maintain the load of a full tank;

(B) Tank systems will be anchored to prevent flotation or dis-

lodgment where the tank system is either placed in a saturated zone,

or is located less than five hundred feet from a fault which has had

displacement in Holocene times; and

(C) Tank systems will withstand the effects of frost heave.

(b) The owner or operator must develop a schedule for conducting

integrity assessments over the life of the tank to ensure that the

tank retains its structural integrity and will not collapse, rupture

or fail. The schedule must be based on the results of past integrity

assessments, age of the tank system, materials of construction, char-

acteristics of the waste, and any other relevant factors.

(c) The owner or operator of a new tank system must ensure that

proper handling procedures are adhered to in order to prevent damage

to the system during installation. Prior to covering, enclosing, or

placing a new tank system or component in use, an independent, quali-

fied installation inspector or an independent, qualified, registered

professional engineer, either of whom is trained and experienced in

the proper installation of tank systems or components, must inspect

the system for the presence of any of the following items:

(i) Weld breaks;

(ii) Punctures;

(iii) Scrapes of protective coatings;

(iv) Cracks;

(v) Corrosion;


(vi) Other structural damage or inadequate construc-

tion/installation.

All discrepancies must be remedied before the tank system is covered,

enclosed, or placed in use.

(d) New tank systems or components that are placed underground

and that are backfilled must be provided with a backfill material that

is a noncorrosive, porous, homogeneous substance and that is installed

so that the backfill is placed completely around the tank and compact-

ed to ensure that the tank and piping are fully and uniformly support-

ed.

(e) All new tanks and ancillary equipment must be tested for

tightness prior to being covered, enclosed, or placed in use. If a

tank system is found not to be tight, all repairs necessary to remedy

the leak(s) in the system must be performed prior to the tank system

being covered, enclosed, or placed into use.

(f) Ancillary equipment must be supported and protected against

physical damage and excessive stress due to settlement, vibration, ex-

pansion, or contraction.

Note: The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), "Installation of

Underground Petroleum Storage Systems," or ANSI Standard B31.3, "Petroleum Refinery Piping," and ANSI Standard B31.4 "Liquid

Petroleum Transportation Piping System," may be used, where applicable, as guidelines for proper installation of piping systems.

(g) The owner or operator must provide the type and degree of

corrosion protection recommended by an independent corrosion expert,

based on the information provided under (a)(iii) of this subsection,

or other corrosion protection if the department believes other corro-

sion protection is necessary to ensure the integrity of the tank sys-

tem during use of the tank system. The installation of a corrosion

protection system that is field fabricated must be supervised by an

independent corrosion expert to ensure proper installation.

(h) The owner or operator must obtain and keep on file at the fa-

cility written statements by those persons required to certify the de-

sign of the tank system and supervise the installation of the tank

system in accordance with the requirements of (b) through (g) of this

subsection, that attest that the tank system was properly designed and


installed and that repairs, pursuant to (c) and (e) of this subsec-

tion, were performed. These written statements must also include the

certification statement as required in WAC 173-303-810 (13)(a).

(4) Containment and detection of releases.

(a) In order to prevent the release of dangerous waste or danger-

ous constituents to the environment, secondary containment that meets

the requirements of this subsection must be provided (except as pro-

vided in (f) and (g) of this subsection):

(i) For all new and existing tank systems or components, prior to

their being put into service.

(ii) For tank systems that store or treat materials that become

dangerous wastes, within two years of the dangerous waste listing, or

when the tank system has reached fifteen years of age, whichever comes

later.

(b) Secondary containment systems must be:

(i) Designed, installed, and operated to prevent any migration of

wastes or accumulated liquid out of the system to the soil, groundwa-

ter, or surface water at any time during the use of the tank system;

and

(ii) Capable of detecting and collecting releases and accumulated

liquids until the collected material is removed.

(c) To meet the requirements of (b) of this subsection, secondary

containment systems must be at a minimum:

(i) Constructed of or lined with materials that are compatible

with the waste(s) to be placed in the tank system and must have suffi-

cient strength and thickness to prevent failure owing to pressure gra-

dients (including static head and external hydrological forces), phys-

ical contact with the waste to which it is exposed, climatic condi-

tions, stress of installation, and the stress of daily operations (in-

cluding stresses from nearby vehicular traffic);

(ii) Placed on a foundation or base capable of providing support

to the secondary containment system, resistance to pressure gradients

above and below the system, and capable of preventing failure due to

settlement, compression, or uplift;


(iii) Provided with a leak-detection system that is designed and

operated so that it will detect the failure of either the primary or

secondary containment structure or the presence of any release of dan-

gerous waste or accumulated liquid in the secondary containment system

within twenty-four hours, or at the earliest practicable time if the

owner or operator can demonstrate to the department that existing de-

tection technologies or site conditions will not allow detection of a

release within twenty-four hours; and

(iv) Sloped or otherwise designed or operated to drain and remove

liquids resulting from leaks, spills, or precipitation. Spilled or

leaked waste and accumulated precipitation must be removed from the

secondary containment system within twenty-four hours, or in as timely

a manner as is possible to prevent harm to human health and the envi-

ronment, if the owner or operator can demonstrate to the department

that removal of the released waste or accumulated precipitation cannot

be accomplished within twenty-four hours.

Note: If the collected material is a dangerous waste under WAC 173-303-070, it is subject to management as a dangerous waste in accordance with

all applicable requirements of WAC 173-303-170 through 173-303-400 and WAC 173-303-600 through 173-303-695. If the collected material

is discharged through a point source to waters of the United States, it is subject to the requirements of sections 301, 304, and 402 of the Clean

Water Act, as amended. If discharged to a publicly owned treatment works (POTW), it is subject to the requirements of section 307 of the

Clean Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40

C.F.R. Part 302.

(d) Secondary containment for tanks must include one or more of

the following devices:

(i) A liner (external to the tank);

(ii) A vault;

(iii) A double-walled tank; or

(iv) An equivalent device as approved by the department.

(e) In addition to the requirements of (b), (c), and (d) of this

subsection, secondary containment systems must satisfy the following

requirements:

(i) External liner systems must be:

(A) Designed or operated to contain one hundred percent of the

capacity of the largest tank within its boundary;

(B) Designed or operated to prevent run-on or infiltration of

precipitation into the secondary containment system unless the collec-


tion system has sufficient excess capacity to contain run-on or infil-

tration. Such additional capacity must be sufficient to contain pre-

cipitation from a twenty-five-year, twenty-four-hour rainfall event.

(C) Free of cracks or gaps; and

(D) Designed and installed to surround the tank completely and to

cover all surrounding earth likely to come into contact with the waste

if the waste is released from the tank(s) (i.e., capable of preventing

lateral as well as vertical migration of the waste).

(ii) Vault systems must be:

(A) Designed or operated to contain one hundred percent of the

capacity of the largest tank within its boundary;

(B) Designed or operated to prevent run-on or infiltration of

precipitation into the secondary containment system unless the collec-

tion system has sufficient excess capacity to contain run-on or infil-

tration. Such additional capacity must be sufficient to contain pre-

cipitation from a twenty-five-year, twenty-four-hour rainfall event;

(C) Constructed with chemical-resistant water stops in place at

all joints (if any);

(D) Provided with an impermeable interior coating or lining that

is compatible with the stored waste and that will prevent migration of

waste into the concrete;

(E) Provided with a means to protect against the formation of and

ignition of vapors within the vault, if the waste being stored or

treated:

(I) Meets the definition of ignitable waste under WAC 173-303-

090(5); or

(II) Meets the definition of reactive waste under WAC 173-303-

090(7), and may form an ignitable or explosive vapor; and

(F) Provided with an exterior moisture barrier or be otherwise

designed or operated to prevent migration of moisture into the vault

if the vault is subject to hydraulic pressure.

(iii) Double-walled tanks must be:


(A) Designed as an integral structure (i.e., an inner tank com-

pletely enveloped within an outer shell) so that any release from the

inner tank is contained by the outer shell;

(B) Protected, if constructed of metal, from both corrosion of

the primary tank interior and of the external surface of the outer

shell; and

(C) Provided with a built-in continuous leak detection system ca-

pable of detecting a release within twenty-four hours, or at the ear-

liest practicable time, if the owner or operator can demonstrate to

the department, and the department concludes, that the existing detec-

tion technology or site conditions would not allow detection of a re-

lease within twenty-four hours.

Note: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as

guidelines for aspects of the design of underground steel double-walled tanks.

(f) Ancillary equipment must be provided with secondary contain-

ment (e.g., trench, jacketing, double-walled piping) that meets the

requirements of (b) and (c) of this subsection except for:

(i) Aboveground piping (exclusive of flanges, joints, valves, and

other connections) that are visually inspected for leaks on a daily

basis;

(ii) Welded flanges, welded joints, and welded connections, that

are visually inspected for leaks on a daily basis;

(iii) Sealless or magnetic coupling pumps and sealless valves,

that are visually inspected for leaks on a daily basis; and

(iv) Pressurized aboveground piping systems with automatic

shutoff devices (e.g., excess flow check valves, flow metering shut-

down devices, loss of pressure actuated shutoff devices) that are vis-

ually inspected for leaks on a daily basis.

(g) The owner or operator may obtain a variance from the require-

ments of this subsection if the department finds, as a result of a

demonstration by the owner or operator that alternative design and op-

erating practices, together with location characteristics, will pre-

vent the migration of any dangerous waste or dangerous constituents

into the groundwater, or surface water at least as effectively as sec-


ondary containment during the active life of the tank system or that

in the event of a release that does migrate to groundwater or surface

water, no substantial present or potential hazard will be posed to hu-

man health or the environment. New underground tank systems may not,

per a demonstration in accordance with (g)(ii) of this subsection, be

exempted from the secondary containment requirements of this section.

(i) In deciding whether to grant a variance based on a demonstra-

tion of equivalent protection of groundwater and surface water, the

department will consider:

(A) The nature and quantity of the wastes;

(B) The proposed alternate design and operation;

(C) The hydrogeologic setting of the facility, including the

thickness of soils present between the tank system and groundwater;

and

(D) All other factors that would influence the quality and mobil-

ity of the dangerous constituents and the potential for them to mi-

grate to groundwater or surface water.

(ii) In deciding whether to grant a variance based on a demon-

stration of no substantial present or potential hazard, the department

will consider:

(A) The potential adverse effects on groundwater, surface water,

and land quality taking into account:

(I) The physical and chemical characteristics of the waste in the

tank system, including its potential for migration;

(II) The hydrogeological characteristics of the facility and sur-

rounding land;

(III) The potential for health risks caused by human exposure to

waste constituents;

(IV) The potential for damage to wildlife, crops, vegetation, and

physical structures caused by exposure to waste constituents; and

(V) The persistence and permanence of the potential adverse ef-

fects.

(B) The potential adverse effects of a release on groundwater

quality, taking into account:


(I) The quantity and quality of groundwater and the direction of

groundwater flow;

(II) The proximity and withdrawal rates of groundwater users;

(III) The current and future uses of groundwater in the area; and

(IV) The existing quality of groundwater, including other sources

of contamination and their cumulative impact on the groundwater quali-

ty.

(C) The potential adverse effects of a release on surface water

quality, taking into account:

(I) The quantity and quality of groundwater and the direction of

groundwater flow;

(II) The patterns of rainfall in the region;

(III) The proximity of the tank system to surface waters;

(IV) The current and future uses of surface waters in the area

and any water quality standards established for those surface waters;

and

(V) The existing quality of surface water, including other

sources of contamination and the cumulative impact on surface-water

quality.

(D) The potential adverse effects of a release on the land sur-

rounding the tank system, taking into account:

(I) The patterns of rainfall in the region; and

(II) The current and future uses of the surrounding land.

(iii) The owner or operator of a tank system, for which a vari-

ance from secondary containment had been granted in accordance with

the requirements of (g)(i) of this subsection, at which a release of

dangerous waste has occurred from the primary tank system but has not

migrated beyond the zone of engineering control (as established in the

variance), must:

(A) Comply with the requirements of subsection (7) of this sec-

tion, except subsection (7)(d) of this section; and

(B) Decontaminate or remove contaminated soil to the extent nec-

essary to:


(I) Enable the tank system for which the variance was granted to

resume operation with the capability for the detection of releases at

least equivalent to the capability it had prior to the release; and

(II) Prevent the migration of dangerous waste or dangerous con-

stituents to groundwater or surface water.

(C) If contaminated soil cannot be removed or decontaminated in

accordance with (g)(iii)(B) of this subsection, comply with the re-

quirements of subsection (8) of this section.

(iv) The owner or operator of a tank system, for which a variance

from secondary containment had been granted in accordance with the re-

quirements of (g)(i) of this subsection, at which a release of danger-

ous waste has occurred from the primary tank system and has migrated

beyond the zone of engineering control (as established in the vari-

ance), must:

(A) Comply with the requirements of subsection (7)(a), (b), (c),

and (d) of this section; and

(B) Prevent the migration of dangerous waste or dangerous con-

stituents to groundwater or surface water, if possible, and decontami-

nate or remove contaminated soil. If contaminated soil cannot be de-

contaminated or removed or if groundwater has been contaminated, the

owner or operator must comply with the requirements of subsection

(8)(b) of this section; and

(C) If repairing, replacing, or reinstalling the tank system,

provide secondary containment in accordance with the requirements of

(a) through (f) of this subsection or reapply for a variance from sec-

ondary containment and meet the requirements for new tank systems in

subsection (3) of this section if the tank system is replaced. The

owner or operator must comply with these requirements even if contami-

nated soil can be decontaminated or removed and groundwater or surface

water has not been contaminated.

(h) The following procedures must be followed in order to request

a variance from secondary containment:

(i) The department must be notified in writing by the owner or

operator that he intends to conduct and submit a demonstration for a


variance from secondary containment as allowed in (g) of this subsec-

tion according to the following schedule:

(A) For existing tank systems, at least twenty-four months prior

to the date that secondary containment must be provided in accordance

with (a) of this subsection.

(B) For new tank systems, at least thirty days prior to entering

into a contract for installation.

(ii) As part of the notification, the owner or operator must also

submit to the department a description of the steps necessary to con-

duct the demonstration and a timetable for completing each of the

steps. The demonstration must address each of the factors listed in

(g)(i) or (ii) of this subsection;

(iii) The demonstration for a variance must be completed within

one hundred eighty days after notifying the department of an intent to

conduct the demonstration; and

(iv) If a variance is granted under this subsection, the depart-

ment will require the permittee to construct and operate the tank sys-

tem in the manner that was demonstrated to meet the requirements for

the variance.

(i) All tank systems, until such time as secondary containment

that meets the requirements of this section is provided, must comply

with the following:

(i) For nonenterable underground tanks, a leak test that meets

the requirements of subsection (2)(c)(v) of this section or other tank

integrity method, as approved or required by the department, must be

conducted at least annually.

(ii) For other than nonenterable underground tanks, the owner or

operator must either conduct a leak test as in (i)(i) of this subsec-

tion or develop a schedule and procedure for an assessment of the

overall condition of the tank system by an independent, qualified reg-

istered professional engineer. The schedule and procedure must be ade-

quate to detect obvious cracks, leaks, and corrosion or erosion that

may lead to cracks and leaks. The owner or operator must remove the

stored waste from the tank, if necessary, to allow the condition of


all internal tank surfaces to be assessed. The frequency of these as-

sessments must be based on the material of construction of the tank

and its ancillary equipment, the age of the system, the type of corro-

sion or erosion protection used, the rate of corrosion or erosion ob-

served during the previous inspection, and the characteristics of the

waste being stored or treated.

(iii) For ancillary equipment, a leak test or other integrity as-

sessment as approved by the department must be conducted at least an-

nually.

Note: Three publications may be used, where applicable, as guidelines for assessing the overall condition of the tank system: Tank Inspection,

Repair, Alteration, and Reconstruction, API Standard 653, Fourth Edition, April 2009; Guidance for Assessing and Certifying Tank Systems

that Store and Treat Dangerous Waste, Ecology Publication No. 94-114; and Steel Tank Institute publication #SP001-05 Standard for the

Inspection of Aboveground Storage Tanks 5th Edition, revised September 2011.

(iv) The owner or operator must maintain on file at the facility

a record of the results of the assessments conducted in accordance

with (i)(i) through (iii) of this subsection.

(v) If a tank system or component is found to be leaking or unfit

for use as a result of the leak test or assessment in (i)(i) through

(iii) of this subsection, the owner or operator must comply with the

requirements of subsection (7) of this section.

(5) General operating requirements.

(a) Dangerous wastes or treatment reagents must not be placed in

a tank system if they could cause the tank, its ancillary equipment,

or the containment system to rupture, leak, corrode, or otherwise

fail.

(b) The owner or operator must use appropriate controls and prac-

tices to prevent spills and overflows from tank or containment sys-

tems. These include at a minimum:

(i) Spill prevention controls (e.g., check valves, dry disconnect

couplings);

(ii) Overfill prevention controls (e.g., level sensing devices,

high level alarms, automatic feed cutoff, or bypass to a standby

tank); and

(iii) Maintenance of sufficient freeboard in uncovered tanks to

prevent overtopping by wave or wind action or by precipitation.


(c) The owner or operator must comply with the requirements of

subsection (7) of this section if a leak or spill occurs in the tank

system.

(d) All tank systems holding dangerous waste must be marked with

labels or signs to identify the waste contained in the tank. The label

or sign must be legible at a distance of at least fifty feet, and must

bear a legend which identifies the waste in a manner which adequately

warns employees, emergency response personnel, and the public of the

major risk(s) associated with the waste being stored or treated in the

tank system(s). (Note—If there already is a system in use that per-

forms this function in accordance with local, state or federal regula-

tions, then such system will be adequate.)

(e) All tank systems holding dangerous wastes which are acutely

or chronically toxic by inhalation must be designed to prevent escape

of vapors, fumes, or other emissions into the air.

(6) Inspections.

(a) The owner or operator must develop and follow a schedule and

procedure for inspecting overfill controls.

(b) The owner or operator must inspect at least once each operat-

ing day:

(i) Aboveground portions of the tank system, if any, to detect

corrosion or releases of waste;

(ii) Data gathered from monitoring andy leak detection equipment

(e.g., pressure or temperature gauges, monitoring wells) to ensure

that the tank system is being operated according to its design; and

(iii) The construction materials and the area immediately sur-

rounding the externally accessible portion of the tank system, includ-

ing the secondary containment system (e.g., dikes) to detect erosion

or signs of releases of dangerous waste (e.g., wet spots, dead vegeta-

tion).

Note: WAC 173-303-320 requires the owner or operator to remedy any deterioration or malfunction he finds. Subsection (7) of this section requires

the owner or operator to notify the department within twenty-four hours of confirming a leak. Also, 40 C.F.R. Part 302 may require the owner

or operator to notify the National Response Center of a release.


(c) The owner or operator must inspect cathodic protection sys-

tems, if present, according to, at a minimum, the following schedule

to ensure that they are functioning properly:

(i) The proper operation of the cathodic protection system must

be confirmed within six months after initial installation and annually

thereafter; and

(ii) All sources of impressed current must be inspected and/or

tested, as appropriate, at least bimonthly (i.e., every other month).

Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85)—Control

of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute

(API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable,

as guidelines in maintaining and inspecting cathodic protection systems.

(d) The owner or operator must document in the operating record

of the facility an inspection of those items in (a) through (c) of

this subsection. The owner or operator must keep an written or elec-

tronic inspection log including at least the date and time of the in-

spection, the printed name and the handwritten or electronic signature

of the inspector, a notation of the observations made and the date and

nature of any repairs or remedial actions taken. The log must be kept

at the facility for at least five years from the date of inspection.

(7) Response to leaks or spills and disposition of leaking or un-

fit-for-use tank systems.

A tank system or secondary containment system from which there

has been a leak or spill, or which is unfit for use, must be removed

from service immediately, and the owner or operator must satisfy the

following requirements:

(a) Cessation of use; prevent flow or addition of wastes. The

owner or operator must immediately stop the flow of dangerous waste

into the tank system or secondary containment system and inspect the

system to determine the cause of the release.

(b) Removal of waste from tank system or secondary containment

system.

(i) If the release was from the tank system, the owner/operator

must, within twenty-four hours after detection of the leak or, if the

owner/operator demonstrates that it is not possible, at the earliest


practicable time, remove as much of the waste as is necessary to pre-

vent further release of dangerous waste to the environment and to al-

low inspection and repair of the tank system to be performed.

(ii) If the material released was to a secondary containment sys-

tem, all released materials must be removed within twenty-four hours

or in as timely a manner as is possible to prevent harm to human

health and the environment.

(c) Containment of visible releases to the environment. The own-

er/operator must immediately conduct a visual inspection of the re-

lease and, based upon that inspection:

(i) Prevent further migration of the leak or spill to soils or

surface water; and

(ii) Remove, and properly dispose of, any visible contamination

of the soil or surface water.

(d) Notifications, reports.

(i) Any release to the environment must be reported to the de-

partment and other authorities immediately in accordance with WAC 173-

303-145. Any release above the "reportable quantity" must also be re-

ported to the National Response Center pursuant to 40 C.F.R. Part 302.

(ii) Within thirty days (or fifteen days if classified as an

emergency) of detection of a release to the environment, a report con-

taining the following information must be submitted to the department:

(A) Likely route of migration of the release;

(B) Characteristics of the surrounding soil (soil composition,

geology, hydrogeology, climate);

(C) Results of any monitoring or sampling conducted in connection

with the release (if available). If sampling or monitoring data relat-

ing to the release are not available within thirty days, these data

must be submitted to the department as soon as they become available;

(D) Proximity to downgradient drinking water, surface water, and

populated areas; and

(E) Description of response actions taken or planned.

(F) In the event of an emergency, additional information as re-

quired by WAC 173-303-360.


(e) Provision of secondary containment, repair, or closure.

(i) Unless the owner/operator satisfies the requirements of

(e)(ii) through (iv) of this subsection, the tank system must be

closed in accordance with subsection (8) of this section.

(ii) If the cause of the release was a spill that has not damaged

the integrity of the system, the owner/operator may return the system

to service as soon as the released waste is removed and repairs, if

necessary, are made.

(iii) If the cause of the release was a leak from the primary

tank system into the secondary containment system, the system must be

repaired prior to returning the tank system to service.

(iv) If the source of the release was a leak to the environment

from a component of a tank system without secondary containment, the

owner/operator must provide the component of the system from which the

leak occurred with secondary containment that satisfies the require-

ments of subsection (4) of this section before it can be returned to

service, unless the source of the leak is an aboveground portion of a

tank system that can be inspected visually. If the source is an above-

ground component that can be inspected visually, the component must be

repaired and may be returned to service without secondary containment

as long as the requirements of (f) of this subsection are satisfied.

If a component is replaced to comply with the requirements of this

subitem, that component must satisfy the requirements for new tank

systems or components in subsections (3) and (4) of this section. Ad-

ditionally, if a leak has occurred in any portion of a tank system

component that is not readily accessible for visual inspection (e.g.,

the bottom of an inground or onground tank), the entire component must

be provided with secondary containment in accordance with subsection

(4) of this section prior to being returned to use.

(f) Certification of major repairs. If the owner/operator has re-

paired a tank system in accordance with (e) of this subsection, and

the repair has been extensive (e.g., installation of an internal lin-

er; repair of a ruptured primary containment or secondary containment

vessel), the tank system must not be returned to service unless the


owner/operator has obtained a certification by an independent, quali-

fied, registered, professional engineer in accordance with WAC 173-

303-810 (13)(a) that the repaired system is capable of handling dan-

gerous wastes without release for the intended life of the system.

This certification must be submitted to the department within seven

days after returning the tank system to use.

Note: See WAC 173-303-320 for the requirements necessary to remedy a failure. Also, 40 C.F.R. Part 302 may require the owner or operator to

notify the National Response Center of certain releases.

(8) Closure and post-closure care.

(a) At closure of a tank system, the owner or operator must re-

move or decontaminate all waste residues, contaminated containment

system components (liners, etc.), contaminated soils, and structures

and equipment contaminated with waste, and manage them as dangerous

waste, unless WAC 173-303-070 (2)(a) applies. The closure plan, clo-

sure activities, cost estimates for closure, and financial responsi-

bility for tank systems must meet all of the requirements specified in

WAC 173-303-610 and 173-303-620.

(b) If the owner or operator demonstrates that not all contami-

nated soils can be practicably removed or decontaminated as required

in (a) of this subsection, then the owner or operator must close the

tank system and perform post-closure care in accordance with the clo-

sure and post-closure care requirements that apply to landfills (see

WAC 173-303-665(6)). In addition, for the purposes of closure, post-

closure, and financial responsibility, such a tank system is then con-

sidered to be a landfill, and the owner or operator must meet all of

the requirements for landfills specified in WAC 173-303-610 and 173-

303-620.

(c) If an owner or operator has a tank system that does not have

secondary containment that meets the requirements of subsection (4)(b)

through (f) of this section and is not exempt from the secondary con-

tainment requirements in accordance with subsection (4)(g) of this

section, then:


(i) The closure plan for the tank system must include both a plan

for complying with (a) of this subsection and a contingent plan for

complying with (b) of this subsection.

(ii) A contingent post-closure plan for complying with (b) of

this subsection must be prepared and submitted as part of the permit

application.

(iii) The cost estimates calculated for closure and post-closure

care must reflect the costs of complying with the contingent closure

plan and the contingent post-closure plan, if those costs are greater

than the costs of complying with the closure plan prepared for the ex-

pected closure under (a) of this subsection.

(iv) Financial assurance must be based on the cost estimates in

(c)(iii) of this subsection.

(v) For the purposes of the contingent closure and post-closure

plans, such a tank system is considered to be a landfill, and the con-

tingent plans must meet all of the closure, post-closure, and finan-

cial responsibility requirements for landfills under this chapter (WAC

173-303-610 and 173-303-620).

(9) Special requirements for ignitable or reactive wastes.

(a) Ignitable or reactive waste must not be placed in tank sys-

tems unless:

(i) The waste is treated, rendered, or mixed before or immediate-

ly after placement in the tank system so that the resulting waste,

mixture, or dissolution of material no longer meets the definition of

ignitable or reactive waste under WAC 173-303-090, and 173-303-395

(1)(b) is complied with; or

(ii) The waste is stored or treated in such a way that it is pro-

tected from any material or conditions which may cause the waste to

ignite or react; or

(iii) The tank system is used solely for emergencies.

(b) The owner or operator of a facility which treats or stores

ignitable or reactive waste in tanks must locate the tanks in a manner

equivalent to the National Fire Protection Association's buffer zone

requirements for tanks, contained in the publication NFPA-30 Flammable


and Combustible Liquids Code - 2012, or as required by state and local

fire codes when such codes are more stringent. The owner or operator

must also comply with the requirements of WAC 173-303-395 (1)(d).

(10) Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and materials,

must not be placed in the same tank system, unless WAC 173-303-395

(1)(b) is complied with.

(b) Dangerous waste must not be placed in a tank system that has

not been decontaminated and that previously held an incompatible waste

or material, unless WAC 173-303-395 (1)(b) is complied with.

(11) Air emission standards. The owner or operator must manage

all hazardous waste placed in a tank in accordance with the applicable

requirements of 40 C.F.R. Subparts AA, BB, and CC, which are incorpo-

rated by reference at WAC 173-303-690 through 173-303-692.










11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-640, filed 12/8/93,


059 (Order 88-24), § 173-303-640, filed 1/4/89; WSR 86-12-057 (Order

DE-85-10), § 173-303-640, filed 6/3/86; WSR 84-09-088 (Order DE 83-

36), § 173-303-640, filed 4/18/84. Statutory Authority: Chapter 70.105

RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-640,

filed 2/10/82. Formerly chapter 173-302 WAC.]

WAC 173-303-64610 Purpose and applicability. (1) The provisions

of this section, and WAC 173-303-64620 and 173-303-64630, establish

requirements for corrective action for releases of dangerous wastes


and dangerous constituents including releases from solid waste manage-

ment units.

(2) The provisions of this section apply to facilities seeking or

required to have a permit to treat, store, recycle or dispose of dan-

gerous waste.

(3) The provisions of this section do not apply to cleanup-only

facilities.

(4) For purposes of this section, dangerous constituent means any

constituent identified in WAC 173-303-9905 or Appendix "Ground-Water

Monitoring List" in Chemical Testing Methods for Designating Dangerous

Waste which is incorporated at WAC 173-303-110 (3)(c), any constituent

that caused a waste to be listed as a dangerous waste or to exhibit a

dangerous characteristic under this chapter or to meet a dangerous

waste criteria under this chapter, and any constituent that is within

the meaning of "hazardous substance" under RCW 70.105D.020(137).


(Order 07-12), § 173-303-64610, filed 6/30/09, effective 7/31/09.

Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. WSR 04-24-065 (Order 03-10), § 173-303-64610, filed

11/30/04, effective 1/1/05.]

WAC 173-303-9904 Dangerous waste sources list. The following Haz-

ard Codes are used to indicate the basis EPA used for listing the

classes or types of wastes listed in this section:

Ignitable Waste (I)

Corrosive Waste (C)

Reactive Waste (R)

Toxicity Characteristic Waste (E)

Acute Hazardous Waste (H)

Toxic Waste (T)

DANGEROUS WASTE SOURCES LIST

(1)

Dangerous

Waste No. Sources


(1)

Dangerous

Waste No. Sources

Nonspecific Sources

Generic:

F001 The following spent halogenated solvents

used in degreasing: Tetrachloroethylene,

trichloroethylene, methylene chloride,

1,1,1-trichloroethane, carbon tetrachloride,

and chlorinated fluorocarbons; all spent

solvent mixtures/blends used in degreasing

containing, before use, a total of ten

percent or more (by volume) of one or

more of the above halogenated solvents or

those solvents listed in F002, F004, and

F005; and still bottoms from the recovery

of these spent solvents and spent solvent

mixtures. (T)

F002 The following spent halogenated solvents:

Tetrachloroethylene, methylene chloride,

trichloroethylene, 1,1,1-trichloroethane,

chlorobenzene, 1,1,2-trichloro-1,2,2-

trifluoroethane, ortho-dichlorobenzene,

trichlorofluoromethane and 1,1,2

trichloroethane; all spent solvent

mixtures/blends containing, before use, a

total of ten percent or more (by volume) of

one or more of the above halogenated

solvents or those listed in F001, F004, or



mixtures. (T)

F003 The following spent nonhalogenated

solvents: Xylene, acetone, ethyl acetate,

ethyl benzene, ethyl ether, methyl isobutyl

ketone, n-butyl alcohol, cyclohexanone,

and methanol; all spent solvent

mixtures/blends containing, before use,

only the above spent nonhalogenated

solvents; and all spent solvent

mixtures/blends containing, before use,

one or more of the above nonhalogenated

solvents, and, a total of ten percent or more

(by volume) of one or more of those

solvents listed in F001, F002, F004, and



mixtures. (I)


(1)

Dangerous

Waste No. Sources


solvents: Cresols and cresylic acid,

nitrobenzene; all spent solvent




solvents or those solvents listed in F001,

F002, and F005; and still bottoms from the

recovery of these spent solvents and spent

solvent mixtures. (T)


solvents: Toluene, methyl ethyl ketone,

carbon disulfide, isobutanol, pyridine,

benzene, 2-ethoxyethanol, and 2-

nitropropane; all spent solvent




solvents or those solvents listed in F001,

F002, or F004; and still bottoms from the

recovery of these spent solvents and spent

solvent mixtures. (I,T)

F006 Wastewater treatment sludges from

electroplating operations except from the

following processes: (1) Sulfuric acid

anodizing of aluminum; (2) tin plating on

carbon steel; (3) zinc plating (segregated

basis) on carbon steel; (4) aluminum or

zinc-aluminum plating on carbon steel; (5)

cleaning/stripping associated with tin, zinc,

and aluminum plating on carbon steel; and

(6) chemical etching and milling of

aluminum. (T)

F007 Spent cyanide plating bath solutions from

electroplating operations. (R,T)

F008 Plating bath residues from the bottom of

plating baths from electroplating

operations where cyanides are used in the

process. (R,T)

F009 Spent stripping and cleaning bath solutions

from electroplating operations where

cyanides are used in the process. (R,T)

F010 Quenching bath residues from oil baths

from metal heat treating operations where

cyanides are used in the process. (R,T)


(1)

Dangerous

Waste No. Sources

F011 Spent cyanide solutions from salt bath pot

cleaning from metal heat treating

operations. (R,T)

F012 Quenching wastewater treatment sludges

from metal heat-treating operations where

cyanides are used in the process. (T)

F019 Wastewater treatment sludges from the

chemical conversion coating of aluminum

except from zirconium phosphating in

aluminum can washing when such

phosphating is an exclusive conversion

coating process. (T)

F020 Wastes (except wastewater and spent

carbon from hydrogen chloride

purification) from the production or

manufacturing use (as a reactant, chemical

intermediate, or component in a

formulating process) of tri- or

tetrachlorophenol, or of intermediates used

to produce their pesticide derivatives. (This

listing does not include wastes from the

production of hexachlorophene from

highly purified 2,4,5-trichlorophenol.) (See

footnote 1, below.) (H)



purification) from the production or

manufacturing use (as a reactant, chemical

intermediate, or component in a

formulating process) of pentachlorophenol,

or of intermediates used to produce its

derivatives. (See footnote 1, below.) (H)



purification) from the manufacturing use

(as a reactant, chemical intermediate, or

component in a formulating process) of

tetra-, penta-, or hexachlorobenzenes under

alkaline conditions. (See footnote 1,

below.) (H)


(1)

Dangerous

Waste No. Sources



purification) from the production of

materials on equipment previously used for

the production or manufacturing use (as a

reactant, chemical intermediate, or

component in a formulating process) of tri-

and tetrachlorophenols. (See footnote 1,

below.) (This listing does not include

wastes from equipment used only for the

production or use of hexachlorophene from

highly purified 2,4,5-trichlorophenol.) (H)

F024 Process wastes, including but not limited

to, distillation residues, heavy ends, tars,

and reactor clean-out wastes from the

production of certain chlorinated aliphatic

hydrocarbons by free radical catalyzed

processes. These chlorinated aliphatic

hydrocarbons are those having carbon

chain lengths ranging from one to and

including five, with varying amounts and

positions of chlorine substitution. (This

listing does not include wastewaters,

wastewater treatment sludges, spent

catalysts, and wastes listed in this section.)

(T)

F025 Condensed light ends, spent filters and

filter aids, and spent desiccant wastes from

the production of certain chlorinated

aliphatic hydrocarbons, by free radical

catalyzed processes. These chlorinated

aliphatic hydrocarbons are those having

carbon chain lengths ranging from one to

and including five, with varying amounts

and positions of chlorine substitution. (T)



purification) from the production of

materials on equipment previously used for

the manufacturing use (as a reactant,

chemical intermediate, or component in a

formulating process) of tetra-, penta-, or

hexachlorobenzene under alkaline

conditions. (See footnote 1, below.) (H)


(1)

Dangerous

Waste No. Sources

F027 Discarded unused formulations containing

tri-, tetra-, or pentachlorophenol or

discarded unused formulations containing

compounds derived from these

chlorophenols. (See footnote 1, below.)

(This listing does not include formulations

containing hexachlorophene synthesized

from prepurified 2,4,5-trichlorophenol as

the sole component.) (H)

F028 Residues resulting from the incineration or

thermal treatment of soil contaminated

with nonspecific sources wastes F020,

F021, F022, F023, F026 and F027. (T)

F032 Wastewaters (except those that have not

come into contact with process

contaminants), process residuals,

preservative drippage, and spent

formulations from wood preserving

processes generated at plants that currently

use or have previously used chlorophenolic

formulations (except potentially cross-

contaminated wastes that have had the

F032 waste code deleted in accordance

with WAC 173-303-083 or potentially

cross-contaminated wastes that are

otherwise currently regulated as dangerous

wastes (i.e., F034 or F035), and where the

generator does not resume or initiate use of

chlorophenolic formulations). This listing

does not include K001 bottom sediment

sludge from the treatment of wastewater

from wood preserving processes that use

creosote and/or pentachlorophenol. (T)






processes generated at plants that use

creosote formulations. This listing does not

include K001 bottom sediment sludge

from the treatment of wastewater from

wood preserving processes that use

creosote and/or pentachlorophenol. (T)


(1)

Dangerous

Waste No. Sources






processes generated at plants that use

inorganic preservatives containing arsenic

or chromium. This listing does not include

K001 bottom sediment sludge from the

treatment of wastewater from wood

preserving processes that use creosote

and/or pentachlorophenol. (T)

F037 Petroleum refinery primary oil/water/solids

separation sludge-Any sludge generated

from the gravitational separation of

oil/water/solids during the storage or

treatment of process wastewaters and oily

cooling wastewaters from petroleum

refineries. Such sludges include, but are

not limited to, those generated in:

Oil/water/solids separators; tanks and

impoundments; ditches and other

conveyances; sumps; and stormwater units

receiving dry weather flow. Sludge

generated in stormwater units that do not

receive dry weather flow, sludges

generated from noncontact once-through

cooling waters segregated for treatment

from other process or oily cooling

wastewaters, sludges generated in

aggressive biological treatment units as

defined in footnote 2, below (including

sludges generated in one or more

additional units after wastewaters have

been treated in aggressive biological

treatment units) and K051 wastes are not

included in this listing. This listing does

include residuals generated from

processing or recycling oil-bearing

hazardous secondary materials excluded

under WAC 173-303-071 (3)(cc)(i), if

those residuals are to be disposed of. (See

footnote 2, below.) (T)


(1)

Dangerous

Waste No. Sources

F038 Petroleum refinery secondary (emulsified)

oil/water/solids separation sludge-Any

sludge and/or float generated from the

physical and/or chemical separation of

oil/water/solids in process wastewaters and

oily cooling wastewaters from petroleum

refineries. Such wastes include, but are not

limited to, all sludges and floats generated

in: Induced air flotation (IAF) units, tanks

and impoundments, and all sludges

generated in DAF units. Sludges generated

in stormwater units that do not receive dry

weather flow, sludges generated from

noncontact once-through cooling waters

segregated for treatment from other

process or oily cooling waters, sludges and

floats generated in aggressive biological

treatment units as defined in footnote 2,

below (including sludges and floats

generated in one or more additional units

after wastewaters have been treated in

aggressive biological treatment units) and

F037, K048, and K051 wastes are not

included in this listing. (See footnote 2,

below.) (T)

F039 Leachate (liquids that have percolated

through land disposed wastes) resulting

from the disposal of more than one

restricted waste classified as dangerous

under WAC 173-303-9903, 173-303-9904,

and 173-303-9905. (Leachate resulting

from the disposal of one or more of the

following dangerous wastes, and no other

dangerous wastes, retains its Dangerous

Waste Number(s): F020, F021, F022,

F026, F027, and/or F028.) (T)

*(I,T) should be used to specify mixtures that are

ignitable and contain toxic constituents.

Specific Sources

Wood Preservation:

K001 Bottom sediment sludge from the

treatment of wastewaters from wood

preserving processes that use creosote

and/or pentachlorophenol. (T)

Inorganic Pigments:


(1)

Dangerous

Waste No. Sources

K002 Wastewater treatment sludge from the

production of chrome yellow and orange

pigments. (T)


production of molybdate orange pigments.

(T)


production of zinc yellow pigments. (T)


production of chrome green pigments. (T)


production of chrome oxide green

pigments (anhydrous and hydrated). (T)


production of iron blue pigments. (T)

K008 Oven residue from the production of

chrome oxide green pigments. (T)

Organic Chemicals:

K009 Distillation bottoms from the production of

acetaldehyde from ethylene. (T)

K010 Distillation side cuts from the production

of acetaldehyde from ethylene. (T)

K011 Bottom stream from the wastewater

stripper in the production of acrylonitrile.

(R,T)

K013 Bottom stream from the acetonitrile

column in the production of acrylonitrile.

(R,T)

K014 Bottoms from the acetonitrile purification

column in the production of acrylonitrile.

(T)

K015 Still bottoms from the distillation of benzyl

chloride. (T)

K016 Heavy ends or distillation residues from

the production of carbon tetrachloride. (T)

K017 Heavy ends (still bottoms) from the

purification column in the production of

epichlorohydrin. (T)

K018 Heavy ends from the fractionation column

in ethyl chloride production. (T)


(1)

Dangerous

Waste No. Sources

K019 Heavy ends from the distillation of

ethylene dichloride in ethylene dichloride

production. (T)

K020 Heavy ends from the distillation of vinyl

chloride in vinyl chloride monomer

production. (T)

K021 Aqueous spent antimony catalyst waste

from fluoromethanes production. (T)

K022 Distillation bottom tars from the

production of phenol/acetone from

cumene. (T)

K023 Distillation light ends from the production

of phthalic anhydride from naphthalene.

(T)


phthalic anhydride from naphthalene. (T)

K093 Distillation light ends from the production

of phthalic anhydride from ortho-xylene.

(T)


phthalic anhydride from ortho-xylene. (T)


nitrobenzene by the nitration of benzene.

(T)

K026 Stripping still tails from the production of

methyl ethyl pyridines. (T)

K027 Centrifuge and distillation residues from

toluene diisocyanate production. (R,T)

K028 Spent catalyst from the hydrochlorinator

reactor in the production of 1,1,1-

trichloroethane. (T)

K029 Waste from the product steam stripper in

the production of 1,1,1-trichloroethane. (T)


1,1,1-trichloroethane. (T)

K096 Heavy ends from the heavy ends column

from the production of 1,1,1-

trichloroethane. (T)

K030 Column bottoms or heavy ends from the

combined production of trichloroethylene

and perchloroethylene. (T)


(1)

Dangerous

Waste No. Sources

K083 Distillation bottoms from aniline

production. (T)

K103 Process residues from aniline extraction

from the production of aniline. (T)

K104 Combined wastewater streams generated

from nitrobenzene/aniline production. (T)

K085 Distillation of fractionation column

bottoms from the production of

chlorobenzenes. (T)

K105 Separated aqueous stream from the reactor

product washing step in the production of

chlorobenzenes. (T)

K107 Column bottoms from product separation

from the production of 1,1-

dimethylhydrazine (UDMH) from

carboxylic acid hydrazides. (C,T)

K108 Condensed column overheads from

product separation and condensed reactor

vent gases from the production of 1,1-

dimethylhydrazine (UDMH) from the

carboxylic acid hydrazides. (I,T)

K109 Spent filter cartridges from product

purification from the production of 1,1-

dimethylhydrazine (UDMH) from

carboxylic acid hydrazides. (T)

K110 Condensed column overheads from

intermediate separation from the

production of 1,1-dimethylhydrazine

(UDMH) from carboxylic acid hydrazides.

(T)

K111 Product washwaters from the production of

dinitrotoluene via nitration of toluene.

(C,T)

K112 Reaction by-product water from the drying

column in the production of

toluenediamine via hydrogenation of

dinitrotoluene. (T)

K113 Condensed liquid light ends from the

purification of toluenediamine in the

production of toluenediamine via

hydrogenation of dinitrotoluene. (T)


(1)

Dangerous

Waste No. Sources

K114 Vicinals from the purification of

toluenediamine in the production of


dinitrotoluene. (T)

K115 Heavy ends from the purification of

toluenediamine in the production of


dinitrotoluene. (T)

K116 Organic condensate from the solvent

recovery column in the production of

toluene diisocyanate via phosgenation of

toluenediamine. (T)

K117 Wastewater from the reactor vent gas

scrubber in the production of ethylene

dibromide via bromination of ethene. (T)

K118 Spent adsorbent solids from purification of

ethylene dibromide in the production of

ethylene dibromide via bromination of

ethene. (T)

K136 Still bottoms from the purification of

ethylene dibromide in the production of

ethylene dibromide via bromination of

ethene. (T)


alpha- (or methyl-) chlorinated toluenes,

ring-chlorinated toluenes, benzoyl

chlorides, and compounds with mixtures of

these functional groups. (This waste does

not include still bottoms from the

distillation of benzyl chloride.) (T)

K150 Organic residuals, excluding spent carbon

adsorbent, from the spent chlorine gas and

hydrochloric acid recovery processes

associated with the production of alpha-(or

methyl-) chlorinated toluenes, ring-

chlorinated toluenes, benzoyl chlorides,

and compounds with mixtures of these

functional groups. (T)


(1)

Dangerous

Waste No. Sources

K151 Wastewater treatment sludges, excluding

neutralization and biological sludges,

generated during the treatment of

wastewaters from the production of alpha-

(or methyl-) chlorinated toluenes, ring-

chlorinated toluenes, benzoyl chlorides,

and compounds with mixtures of these

functional groups. (T)

K156 Organic waste (including heavy ends, still

bottoms, light ends, spent solvents,

filtrates, and decantates) from the

production of carbamates and carbamoyl

oximes. (This listing does not apply to

wastes generated from the manufacture of

3-iodo-2-propynyl n-butylcarbamate.) (T)

K157 Wastewaters (including scrubber waters,

condenser waters, washwaters, and

separation waters) from the production of

carbamates and carbamoyl oximes. (This

listing does not apply to wastes generated

from the manufacture of 3-iodo-2-propynyl

n-butylcarbamate.) (T)

K158 Bag house dusts and filter/separation solids

from the production of carbamates and

carbamoyl oximes. (This listing does not

apply to wastes generated from the

manufacture of 3-iodo-2-propynyl n-

butylcarbamate.) (T)

K159 Organics from the treatment of

thiocarbamate wastes. (T)

K161 Purification solids (including filtration,

evaporation, and centrifugation solids), bag

house dust and floor sweepings from the

production of dithiocarbamate acids and

their salts. (R,T)


(1)

Dangerous

Waste No. Sources

K174 Wastewater treatment sludges from the

production of ethylene dichloride or vinyl

chloride monomer (including sludges that

result from commingled ethylene

dichloride or vinyl chloride monomer

wastewater and other wastewater), unless

the sludges meet the following conditions:

(i) They are disposed of in a hazardous

waste or nonhazardous landfill licensed or

permitted by the state or federal

government;

(ii) They are not otherwise placed on

the land prior to final disposal; and

(iii) The generator maintains

documentation demonstrating that the

waste was either disposed of in an on-site

landfill or consigned to a transporter or

disposal facility that provided a written

commitment to dispose of the waste in an

off site landfill. Respondents in any action

brought to enforce the requirements of the

Hazardous Waste Management Act or

dangerous waste regulations must, upon a

showing by the government that the

respondent managed wastewater treatment

sludges from the production of vinyl

chloride monomer or ethylene dichloride,

demonstrate that they meet the terms of the

exclusion set forth above. In doing so, they

must provide appropriate documentation

(e.g., contracts between the generator and

the landfill owner/operator, invoices

documenting delivery of waste to landfill,

etc.) that the terms of the exclusion were

met. (T)


production of vinyl chloride monomer

using mercuric chloride catalyst in an

acetylene-based process. (T)


(1)

Dangerous

Waste No. Sources

K181 Nonwastewaters from the production of

dyes and/or pigments (including

nonwastewaters commingled at the point

of generation with nonwastewaters from

other processes) that, at the point of

generation, contain mass loadings of any

of the constituents identified in subsection

(3) of this section that are equal to or

greater than the corresponding subsection

(3) of this section levels, as determined on

a calendar year basis. These wastes will

not be hazardous if the nonwastewaters

are:

(i) Disposed in a municipal solid

waste landfill unit subject to the design

criteria in 40 C.F.R. 258.40;

(ii) Disposed in a dangerous waste

landfill unit subject to either WAC 173-

303-665(2) or 40 C.F.R. 265.301

(incorporated by reference at WAC 173-

303-400 (3)(a));

(iii) Disposed in other municipal solid

waste landfill units that meet the design

criteria in 40 C.F.R. 258.40, WAC 173-

303-665(2) or 40 C.F.R. 265.301

(incorporated by reference at WAC 173-

303-400 (3)(a)); or

(iv) Treated in a combustion unit that

is permitted under the Hazardous Waste

Management Act and the dangerous waste

regulations, or an on-site combustion unit

that is permitted under the Clean Air Act.

For the purposes of this listing, dyes and/or

pigments production is defined in

subsection (2) of this section.

Subsection (4) of this section describes the

process for demonstrating that a facility's

nonwastewaters are not K181. This listing

does not apply to wastes that are otherwise

identified as dangerous under WAC 173-

303-090 (5) through (8), 173-303-100 (5)

through (6), 173-303-9903, and 173-303-

9904 at the point of generation. Also, the

listing does not apply to wastes generated

before any annual mass loading limit is

met. (T)

Explosives:


(1)

Dangerous

Waste No. Sources


manufacturing and processing of

explosives. (R)

K045 Spent carbon from the treatment of

wastewater containing explosives. (R)


manufacturing, formulation and loading of

lead-based initiating compounds. (T)

K047 Pink/red water from TNT operations. (R)

Inorganic Chemicals:

K071 Brine purification muds from the mercury

cell process in chlorine production, where

separately prepurified brine is not used. (T)

K073 Chlorinated hydrocarbon waste from the

purification step of the diaphragm cell

process using graphite anodes in chlorine

production. (T)


mercury cell process in chlorine

production. (T)

K176 Baghouse filters from the production of

antimony oxide, including filters from the

production of intermediates (e.g., antimony

metal or crude antimony oxide). (E)

K177 Slag from the production of antimony

oxide that is speculatively accumulated or

disposed, including slag from the

production of intermediates (e.g., antimony

metal or crude antimony oxide). (T)

K178 Residues from manufacturing and

manufacturing-site storage of ferric

chloride from acids formed during the

production of titanium dioxide using the

chloride-ilmenite process. (T)

Petroleum Refining:

K048 Dissolved air flotation (DAF) float from

the petroleum refining industry. (T)

K049 Slop oil emulsion solids from the

petroleum refining industry. (T)

K050 Heat exchanger bundle cleaning sludge

from the petroleum refining industry. (T)

K051 API separator sludge from the petroleum

refining industry. (T)


(1)

Dangerous

Waste No. Sources

K052 Tank bottoms (leaded) from the petroleum

refining industry. (T)

K169 Crude oil storage tank sediment from

petroleum refining operations. (T)

K170 Clarified slurry oil tank sediment and/or

in-line filter/separation solids from

petroleum refining operations. (T)

K171 Spent hydrotreating catalyst from

petroleum refining operations, including

guard beds used to desulfurize feeds to

other catalytic reactors (this listing does

not include inert support media). (I,T)

K172 Spent hydrorefining catalyst from

petroleum refining operations, including

guard beds used to desulfurize feeds to

other catalytic reactors (this listing does

not include inert support media). (I,T)

Iron and Steel:

K061 Emission control dust/sludge from the

primary production of steel in electric

furnaces. (T)

K062 Spent pickle liquor generated by steel

finishing operations of facilities within the

iron and steel industry (NAICS codes

331111 and 332111). (C,T)

Pesticides:

K031 Byproduct salts generated in the

production of MSMA and cacodylic acid.

(T)


production of chlordane. (T)

K033 Wastewater and scrub water from the

chlorination of cyclopentadiene in the


K034 Filter solids from the filtration of

hexachlorocyclopentadiene in the


K097 Vacuum stripper discharge from the

chlordane chlorinator in the production of

chlordane. (T)

K035 Wastewater treatment sludges generated in

the production of creosote. (T)


(1)

Dangerous

Waste No. Sources

K036 Still bottoms from toluene reclamation

distillation in the production of disulfoton.

(T)


production of disulfoton. (T)

K038 Wastewater from the washing and

stripping of phorate production. (T)

K039 Filter cake from the filtration of

diethylphosphorodithioic acid in the

production of phorate. (T)


production of phorate. (T)


production of toxaphene. (T)

K098 Untreated process wastewater from the

production of toxaphene. (T)

K042 Heavy ends or distillation residues from

the distillation of tetrachlorobenzene in the

production of 2,4,5-T. (T)

K043 2,6-Dichlorophenol waste from the

production of 2,4-D. (T)

K099 Untreated wastewater from the production

of 2,4-D. (T)

K123 Process wastewater (including supernates,

filtrates, and wastewaters) from the

production of ethylenebisdithiocarbamic

acid and its salts. (T)

K124 Reactor vent scrubber water from the

production of ethylenebisdithiocarbamic

acid and its salts. (C,T)

K125 Filtration, evaporation, and centrifugation

solids from the production of

ethylenebisdithiocarbamic acid and its

salts. (T)

K126 Baghouse dust and floor sweepings in

milling and packaging operations from the

production or formulation of

ethylenebisdithiocarbamic acid and its

salts. (T)

K131 Wastewater from the reactor and spent

sulfuric acid from the acid dryer from the

production of methyl bromide. (C,T)


(1)

Dangerous

Waste No. Sources

K132 Spent absorbent and wastewater separator

solids from the production of methyl

bromide. (T)

Primary Aluminum:

K088 Spent potliners from primary aluminum

reduction. (T)

Secondary Lead:

K069 Emission control dust/sludge from

secondary lead smelting. (Note: This

listing is stayed administratively for sludge

generated from secondary acid scrubber

systems. The stay will remain in effect

until further administrative action is taken.

If EPA takes further action affecting this

stay, EPA will publish a notice of the

action in the Federal Register.) (T)

K100 Waste leaching solution from acid leaching

of emission control dust/sludge from

secondary lead smelting. (T)

Veterinary Pharmaceuticals:

K084 Wastewater treatment sludges generated

during the production of veterinary

pharmaceuticals from arsenic or organo-

arsenic compounds. (T)

K101 Distillation tar residues from the

distillation of aniline-based compounds in

the production of veterinary

pharmaceuticals from arsenic or organo-

arsenic compounds. (T)

K102 Residue from the use of activated carbon

for decolorization in the production of

veterinary pharmaceuticals from arsenic or

organo-arsenic compounds. (T)

Ink Formulation:

K086 Solvent washes and sludges, caustic

washes and sludges, or water washes and

sludges from cleaning tubs and equipment

used in the formulation of ink from

pigments, driers, soaps, and stabilizers

containing chromium and lead. (T)

Coking:

K060 Ammonia still-lime sludge from coking

operations. (T)


(1)

Dangerous

Waste No. Sources

K087 Decanter tank tar sludge from coking

operations. (T)

K141 Process residues from the recovery of coal

tar, including, but not limited to, collecting

sump residues from the production of coke

from coal or the recovery of coke by-

products produced from coal. This listing

does not include K087 (decanter tank tar

sludges from coking operations).

K142 Tar storage tank residues from the

production of coke from coal or from the

recovery of coke by-products produced

from coal.

K143 Process residues from the recovery of light

oil, including, but not limited to, those

generated in stills, decanters, and wash oil

recovery units from the recovery of coke

by-products produced from coal.

K144 Wastewater sump residues from light oil

refining, including, but not limited to,

intercepting or contamination sump

sludges from the recover of coke by-

products produced from coal.

K145 Residues from naphthalene collection and

recovery operations from the recovery of

coke by-products produced from coal.

K147 Tar storage tank residues from coal tar

refining.

K148 Residues from coal tar distillation,

including but not limited to, still bottoms.

Footnotes

1 For wastes listed with the dangerous waste

numbers F020, F021, F022, F023, F026, or

F027 the quantity exclusion limit is 2.2 lbs.

(1 kg) per month or per batch.

2 Listing Specific Definitions:

a For the purposes of the F037 and F038

listings, oil/water/solids is defined as oil

and/or water and/or solids.


b(i) For the purposes of the F037 and F038

listings, aggressive biological treatment

units are defined as units which employ

one of the following four treatment

methods: Activated sludge; trickling filter;

rotating biological contactor for the

continuous accelerated biological

oxidation of wastewaters; or high-rate

aeration. High-rate aeration is a system of

surface impoundments or tanks, in which

intense mechanical aeration is used to

completely mix the wastes, enhance

biological activity, and (A) the units

employs a minimum of 6 hp per million

gallons of treatment volume; and either (B)

the hydraulic retention time of the unit is

no longer than 5 days; or (C) the hydraulic

retention time is no longer than 30 days

and the unit does not generate a sludge that

is a dangerous waste by the Toxicity

Characteristic.

(ii) Generators and treatment, storage and

disposal facilities have the burden of

proving that their sludges are exempt from

listing as F037 and F038 wastes under this

definition. Generators and treatment,

storage and disposal facilities must

maintain, in their operating or other on-site

records, documents and data sufficient to

prove that: (A) The unit is an aggressive

biological treatment unit as defined in this

subsection; and (B) the sludges sought to

be exempted from the definitions of F037

and/or F038 were actually treated in the

aggressive biological treatment unit.

c(i) For the purposes of the F037 listing,

sludges are considered to be generated at

the moment of deposition in the unit,

where deposition is defined as at least a

temporary cessation of lateral particle

movement.

(ii) For the purposes of the F038 listing,

(A) Sludges are considered to be generated at

the moment of deposition in the unit,

where deposition is defined as at least a

temporary cessation of lateral particle

movement and


(B) Floats are considered to be generated at the

moment they are formed in the top of the

unit.

State Sources

WPCB Discarded transformers, capacitors or

bushings containing polychlorinated

biphenyls (PCB) at concentrations of 2

parts per million or greater (except when

drained of all free flowing liquid) and the

following wastes generated from the

salvaging, rebuilding, or discarding of

transformers, capacitors or bushings

containing polychlorinated biphenyls

(PCB) at concentrations of 2 parts per

million or greater: Cooling and insulating

fluids and cores, including core papers.

(Note—Certain PCB wastes are excluded

from this listing under WAC 173-303-071

(3)(k). The generator should check that

section to determine if their PCB waste is

excluded from the requirements of chapter

173-303 WAC.)

(2) Listing Specific Definitions: For the

purposes of the K181 listing, dyes and/or

pigments production is defined to include

manufacture of the following product

classes: Dyes, pigments, or FDA certified

colors that are classified as azo,

triarylmethane, perylene or anthraquinone

classes. Azo products include azo,

monoazo, diazo, triazo, polyazo, azoic,

benzidine, and pyrazolone products.

Triarylmethane products include both

triarylmethane and triphenylmethane

products. Wastes that are not generated at a

dyes and/or pigments manufacturing site,

such as wastes from the off site use,

formulation, and packaging of dyes and/or

pigments, are not included in the K181

listing.

(3) K181 Listing Levels. Nonwastewaters

containing constituents in amounts equal to

or exceeding the following levels during

any calendar year are subject to the K181

listing, unless the conditions in the K181

listing are met.


Constituent

Chemical

Abstracts No.

Mass

Levels

(kg/yr)

Aniline. . . . 62-53-3 9,300

o-Anisidine. . . . 90-04-0 110

4-Chloroaniline. . . . 106-47-8 4,800

p-Cresidine. . . . 120-71-8 660

2,4-Dimethylaniline. . . . 95-68-1 100

1,2-Phenylenediamine. . . . 95-54-5 710

1,3-Phenylenediamine. . . . 108-45-2 1,200

(4) Procedures for demonstrating that dyes

and/or pigment nonwastewaters are not

K181. The procedures described in (a)

through (c) and (e) of this subsection

establish when nonwastewaters from the

production of dyes/pigments would not be

hazardous (these procedures apply to

wastes that are not disposed in landfill

units or treated in combustion units as

specified in subsection (1) - the K181

listing - of this section). If the

nonwastewaters are disposed in landfill

units or treated in combustion units as

described in subsection (1) of this section,

then the nonwastewaters are not hazardous.

In order to demonstrate that it is meeting

the landfill disposal or combustion

conditions contained in the K181 listing

description, the generator must maintain

documentation as described in (d) of this

subsection.

(a) Determination based on no K181

constituents. Generators that have

knowledge (for example, knowledge of

constituents in wastes based on prior

sampling and analysis data and/or

information about raw materials used,

production processes used, and reaction

and degradation products formed) that

their wastes contain none of the K181

constituents (see subsection (3) of this

section) can use their knowledge to

determine that their waste is not K181. The

generator must document the basis for all

such determinations on an annual basis and

keep each annual documentation for three

years.


(b) Determination for generated quantities of

1,000 MT/yr or less for wastes that contain

K181 constituents. If the total annual

quantity of dyes and/or pigment

nonwastewaters generated is 1,000 metric

tons or less, the generator can use

knowledge of the wastes (for example,

knowledge of constituents in wastes based

on prior analytical data and/or information

about raw materials used, production

processes used, and reaction and

degradation products formed) to conclude

that annual mass loadings for the K181

constituents are below the listing levels of

subsection (3) of this section. To make this

determination, the generator must:

(i) Each year document the basis for

determining that the annual quantity of

nonwastewaters expected to be generated

will be less than 1,000 metric tons.

(ii) Track the actual quantity of

nonwastewaters generated from January 1

through December 31 of each year. If, at

any time within the year, the actual waste

quantity exceeds 1,000 metric tons, the

generator must comply with the

requirements of (c) of this subsection for

the remainder of the year.

(iii) Keep a running total of the K181

constituent mass loadings over the course

of the calendar year.

(iv) Keep the following records on-site for the

three most recent calendar years in which

the hazardous waste determinations are

made:

(A) The quantity of dyes and/or pigment

nonwastewaters generated.

(B) The relevant process information used.

(C) The calculations performed to determine

annual total mass loadings for each K181

constituent in the nonwastewaters during

the year.


(c) Determination for generated quantities

greater than 1,000 MT/yr for wastes that

contain K181 constituents. If the total

annual quantity of dyes and/or pigment

nonwastewaters generated is greater than

1,000 metric tons, the generator must

perform all of the steps described in (c)(i)

through (xi) of this subsection in order to

make a determination that its waste is not

K181.

(i) Determine which K181 constituents (see

subsection (3) of this section) are

reasonably expected to be present in the

wastes based on knowledge of the wastes

(for example, based on prior sampling and

analysis data and/or information about raw

materials used, production processes used,

and reaction and degradation products

formed).

(ii) If 1,2-phenylenediamine is present in the

wastes, the generator can use either

knowledge or sampling and analysis

procedures to determine the level of this

constituent in the wastes. For

determinations based on use of knowledge,

the generator must comply with the

procedures for using knowledge described

in (b) of this subsection and keep the

records described in (b)(iv) of this

subsection. For determinations based on

sampling and analysis, the generator must

comply with the sampling and analysis and

recordkeeping requirements described

below in this subsection.

(iii) Develop a waste sampling and analysis

plan (or modify an existing plan) to collect

and analyze representative waste samples

for the K181 constituents reasonably

expected to be present in the wastes. At a

minimum, the plan must include:

(A) A discussion of the number of samples

needed to characterize the wastes fully;

(B) The planned sample collection method to

obtain representative waste samples;

(C) A discussion of how the sampling plan

accounts for potential temporal and spatial

variability of the wastes;


(D) A detailed description of the test methods

to be used, including sample preparation,

clean up (if necessary), and determinative

methods.

(iv) Collect and analyze samples in accordance

with the waste sampling and analysis plan.

(A) The sampling and analysis must be

unbiased, precise, and representative of the

wastes;

(B) The analytical measurements must be

sufficiently sensitive, accurate and precise

to support any claim that the constituent

mass loadings are below the listing levels

of subsection (3) of this section.

(v) Record the analytical results.

(vi) Record the waste quantity represented by

the sampling and analysis results.

(vii) Calculate constituent-specific mass

loadings (product of concentrations and

waste quantity).

(viii) Keep a running total of the K181

constituent mass loadings over the course

of the calendar year.

(ix) Determine whether the mass of any of the

K181 constituents listed in subsection (3)

of this section generated between January

1 and December 31 of any year is below

the K181 listing levels.

(x) Keep the following records on-site for the

three most recent calendar years in which

the hazardous waste determinations are

made:

(A) The sampling and analysis plan.

(B) The sampling and analysis results

(including QA/QC data).

(C) The quantity of dyes and/or pigment

nonwastewaters generated.

(D) The calculations performed to determine

annual mass loadings.

(xi) Nonhazardous waste determinations must

be conducted annually to verify that the

wastes remain nonhazardous.


(A) The annual testing requirements are

suspended after three consecutive

successful annual demonstrations that the

wastes are nonhazardous. The generator

can then use knowledge of the wastes to

support subsequent annual determinations.

(B) The annual testing requirements are

reinstated if the manufacturing or waste

treatment processes generating the wastes

are significantly altered, resulting in an

increase of the potential for the wastes to

exceed the listing levels.

(C) If the annual testing requirements are

suspended, the generator must keep

records of the process knowledge

information used to support a

nonhazardous determination. If testing is

reinstated, a description of the process

change must be retained.

(d) Recordkeeping for the landfill disposal and

combustion exemptions. For the purposes

of meeting the landfill disposal and

combustion condition set out in the K181

listing description, the generator must

maintain on-site for three years

documentation demonstrating that each

shipment of waste was received by a

landfill unit that is subject to or meets the

landfill design standards set out in the

listing description, or was treated in

combustion units as specified in the listing

description.

(e) Waste holding and handling. During the

interim period, from the point of

generation to completion of the hazardous

waste determination, the generator is

responsible for storing the wastes

appropriately. If the wastes are determined

to be hazardous and the generator has not

complied with the Hazardous Waste

Management Act and the dangerous waste

regulation requirements during the interim

period, the generator could be subject to an

enforcement action for improper

management.


§ 173-303-9904, filed 12/18/14, effective 1/18/15. Statutory Authori-

ty: Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), §








2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-9904, filed 10/19/95,

effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-9904, filed

12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and

70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251).


4/7/91. Statutory Authority: Chapter 70.105 RCW. WSR 89-02-059 (Order

88-24), § 173-303-9904, filed 1/4/89; WSR 87-14-029 (Order DE-87-4), §

173-303-9904, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), § 173-

303-9904, filed 6/3/86; WSR 85-09-042 (Order DE-85-02), § 173-303-

9904, filed 4/15/85; WSR 84-09-088 (Order DE 83-36), § 173-303-9904,

filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105

RCW. WSR 82-05-023 (Order DE 81-33), § 173-303-9904, filed 2/10/82.]